Ban-the-Box Law: States Like North Carolina Is Ditching the Box
Many people think that finding felon-friendly jobs can be quite challenging. However, things are changing and the tables are turning now that states are implementing a new law that allows ex-offenders to apply for jobs without receiving discrimination from their potential employers.
Fortunately, many live in areas where a "ban-the-box" law or fair chance law has been enacted. With the ban-the-box law, employers aren't allowed to inquire about an applicant's criminal background during the hiring process.
The reason this law was enacted was to provide ex-offenders a chance to display their qualifications in the hiring process before they disclose their criminal records. Because of this, the law has benefited about 70 million people in the US who have had prior convictions or arrests.
Digging a Bit Deeper Into the Ban-The-Box Law
Presently, there is no federal ban-the-box law that applies to private-sector employers. But last December 20, 2019, President Trump signed the Fair Chance Law, which is also known as the Fair Chance to Compete for Jobs Act of 2019, prohibiting federal agencies and government contracts from questioning an applicant's criminal history. With that, employers aren't allowed to ask about an applicant's criminal record before making an offer unless there are exceptions.
With that, some exceptions are for law enforcement and national security positions. This is because these jobs grant access to classified information, giving employers the right to conduct a criminal background check before providing an employment offer.
Which States are Following the Ban-The-Box Law?
Last November 1, 2020, North Carolina joined the list of states who follow the ban-the-box law. With that, the state has increased felon-friendly job opportunities, affecting more than 1.7 million who may face obstacles in employment based on their record.
Below is a list of states that have enacted the ban-the-box law:
- District of Columbia;
- New Jersey;
- New Mexico;
- New York;
- Rhode Island;
- Virginia, and;
However, you need to do a bit of research to see if your state is following a statewide, districtwide, or local ban-the-box law to avoid any confusion and obstacles during your job hunting process.
The Ban-The-Box Law Doesn't Follow a Straight Line
Although the ban-the-box law prohibits recruiters from asking about a person's criminal history during employment application, the law can still vary.
For instance, depending on the jurisdiction, employers may require and question your criminal history information at different times, but it should be done after the initial hiring application. But just like the federal Fair Chance Act, local laws can still provide exceptions, such as:
- Prohibited conduct, such as conduct prohibited before an employer makes an offer for employment;
- Permitted conduct, wherein the employer can ask about or use information about your criminal history;
- The specified process when taking an adverse action may include factors that may lead to denial of employment, notice requirements, and more;
The Bottom Line: The Ban-The-Box Law Can Definitely Give You More Opportunities
Thanks to the ban-the-box law, many ex-offenders can finally find felon-friendly jobs without having to expose themselves in a discriminative hiring process.
There's no denying that many ex-felons have experienced obstacles and challenges in landing a job. But thankfully, with the help of this act and by searching for the perfect job through felon-friendly job hosting sites, you'll indeed find a job that suits your expertise.
How Can Fallen Valor Help You?
Are you looking for felon-friendly jobs in Oklahoma, New Jersey, North Carolina, and more? Check out Fallen Valor. We are a business directory for ex-felons, and our goal is to match you with the right opportunity to help you move forward and grow your career.
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