Ban the Box for Federal Agencies and Contractors Takes Effect

Implementation Date: December 20, 2021

Effective December 20, 2021, the Fair Chance to Compete for Jobs Act of 2019 (Fair Chance Act), which is part of the National Defense Authorization Act, prohibits:

  • The federal government from requesting criminal history information from applicants before making a conditional job offer;
  • Federal contractors from requiring that an individual or sole proprietor submitting a bid for a contract disclose their criminal history record information before determining to whom to award the contract;and
  • Federal contractors from requesting verbally or in writing the disclosure of criminal history record information regarding an applicant for a position related to work under a contract before the contractor extends a conditional offer to the applicant.

The Fair Chance Act includes exceptions for:

  • Law enforcement positions;
  • Positions with national security duties;
  • Jobs requiring access to classified information; and
  • Positions which, by law, require a federal contractor or the federal government to obtain criminal history information before making a conditional job offer.

+116 Bill Tracking S. 1790, creating Public Law No: 116-92.