Ban the box and Fair Chance laws continue to evolve across the country. Primarily focused on prohibiting private and public employers from asking the applicant about their criminal history on the job application, states across the country have adopted varying models of Fair Chance laws. Updated requirements with state and local laws include more advanced EEOC-style individualized assessments presenting different and/or additional factors which employers must consider; the required use of specific forms/notices; adverse action notice content and timing triggers, which are additional and/or different from the federal Fair Credit Reporting Act (FCRA) adverse action requirement; and changes in the timing of when a background screening may occur. Illinois, New York City, and Philadelphia have the most recent examples of Fair Chance legislation.
