As of 2019, 35 states and more than 150 cities and counties had adopted ban-the-box laws, according to the National Employment Law Project, and in early 2019, the House Committee on Oversight and Reform held a hearing to review the Fair Chance to Compete for Jobs Act, which proposed extending the policy to federal employers and contractors. Employers should consider some key points when navigating such restrictions, including taking note that these strictures include interplay of the adverse action and individual assessments protocols; employers may still inquire about criminal convictions, but the Equal Employment Opportunity Commission (EEOC) asks that such questions be deferred until after an offer of employment has been made; there are at least two reasons for making the inquiry, even if a comprehensive background check has revealed nothing; and employers must still be alert to state and local notification rules, even if the information in question is not from a background check.
