New “Ban the Box” Ordinances become Law in the Northeast

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“Ban the box” is a term that refers to legislation that prohibits an employer from requiring applicants to disclose a criminal record or consent to a criminal background check on an initial job application. This month two cities, Baltimore (MD) and Rochester (NY) join several other jurisdictions that have enacted “ban the box” laws. The cities of Philadelphia (PA), Newark (NJ), Buffalo (NY), Seattle (WA), and San Francisco (CA) have “ban the box” laws in place as do the states of Hawaii, Massachusetts, Minnesota and Rhode Island.

FAQs about the Baltimore Ordinance

  • Applies to the city of Baltimore and private employers with 10 or more full-time equivalent employees in the city of Baltimore
  • Requires an offer of conditional employment before an employer can require an applicant to disclose a criminal record, conduct a criminal record check, or inquire about criminal history.
  • Exception is made for employers required or authorized by law to conduct criminal background checks, and jobs involving minors and vulnerable adults
  • Protects employees and applicants from retaliation
  • Authorizes civil remedies and fines
  • Takes effect August 13, 2014

FAQs about the Rochester Ordinance

  • Applies to the city of Rochester and employers with four or more employees who work primarily within Rochester
  • Requires conducting the initial employment interview or a conditional offer of employment before an employer may inquire into or require any person to disclose a criminal conviction
  • Exception is made for employers required by a licensing authority or authorized by law to conduct a criminal inquiry and jobs for which a criminal conviction would bar employment
  • Authorizes public enforcement and penalties, and a private right of action within one year of the violation
  • Takes effect November 18, 2014

Suggestions for Covered Employers

  • Remove from initial job applications questions concerning an applicant’s criminal history
  • Perform criminal background checks in a timely fashion
  • Ensure that policies and training on the appropriate use of criminal history in hiring, promotion and separation is consistent with federal, state, and local law
  • Follow Fair Credit Reporting Act and other state and local laws when conducting background checks and assess applicants consistent with those laws.