So What is ‘Ban the Box’ and Why Do I Care?

By: Christina M. Reger 

Last week, President Obama banned the box for federal employees. So what does that mean? And more importantly, does it apply to me? 

As the President explained it, Ban the Box “delay[s] inquiries into criminal history until later in the hiring process.” The President’s Order follows a multitude of states including New Jersey, and municipalities, including Philadelphia, that have already adopted similar laws. The theory behind Ban the Box legislation is that individuals with criminal records are not weeded out of the hiring process at the application stage. 

The hope is that once an employer has an opportunity to interview the individual, they might extend an offer that they otherwise might not have done. Such measures would benefit all of society as such individuals are reintegrated into society. 

Does it apply to me? 

Well that depends. If you are a New Jersey or Philadelphia employer, the answer is YES. If you are an employer in the greater Philadelphia area, Delaware, Montgomery, Chester, or Bucks County maybe. I recommend if you hire from NJ or Philadelphia, or you conduct business in either location, that you comply. It is only a matter of time until these laws apply to you as well. 

Lastly, a word of advice. Getting an application off the internet or from the big box office supply store does not guarantee that the application is compliant with the local or state laws. If you are planning to hire permanent, temporary or seasonal employees, you must comply with these laws. If you have questions, you should speak to a good employment attorney – I can recommend a good one if you need a recommendation.