Every industry has its own jargon with different terms often being used to refer to the same thing. It’s largely a matter of preference which one an individual or business employs.
But in some cases, terms are treated interchangeably when, in fact, they are not. Such is the case with Ban the Box, Fair Chance, and Clean Slate.
While each of these terms broadly refers to legislation or policies designed to limit discrimination of job applicants with criminal records, the details vary widely, sometimes within the same category.
Understanding the differences between the Ban the Box, Fair Chance, or Clean Slate laws that govern your business is critically important to managing your hiring process and helping ensure you avoid actions that could have legal ramifications.
Ban the Box
Ban the Box began simply as a policy prohibiting employers from asking an individual about their criminal history on a job application. The nation’s first Ban the Box legislation was enacted by Hawaii in 1998.
According to the National Employment Law Project, 37 states now have Ban the Box laws or policies on the books.
Prior to the enactment of Ban the Box legislation, many employers had a Yes/No check box on their job applications asking if the candidate had ever been convicted of a crime.
If the applicant admitted to a previous conviction, their candidacy might be terminated without further consideration. If they lied and said no, they could slip through the hiring process only to be dismissed when a past conviction was later discovered.
It should be noted that Ban the Box laws in most states only apply to public-sector employment. Just 15 of the 37 states extend their Ban the Box policies to private employers.
Fair Chance
