Ban the Box

Shelby County May Enact Ban the Box Law

by Michael Astanehe · Jun 4, 2020

On Wednesday, June 3, 2020, the Shelby County Commission committee voted to advance a proposed ban the box law to the full county commission. If enacted, the proposed ban the box law would prohibit Shelby County employers from inquiring into applicant criminal history on initial employment applications. Instead, applicants would not be required to disclose prior criminal history until after being offered a job.

“Once you commit the crime and do your time, you should be treated as any other person here in this city and county, but oftentimes that’s not the issue,” said ban the box proponent and Shelby County Commissioner Van Turner.

The proposed ban the box law heads to the full county commission for a vote on Monday.

Virginia Ban the Box for Cannabis Convictions

by Michael Astanehe · May 30, 2020

In July 2020, Virginians will be protected by a limited Ban the Box for prior cannabis convictions as part of Virginia’s recently signed law decriminalizing cannabis possession. On May 22, 2020, Governor Ralph Northam signed a bill prohibiting employers from requiring applicants to disclose information concerning any arrest, charge, or conviction for simple cannabis possession. The law does not cover offenses related to the cannabis distribution, or intent to distribute. The law also applies to schools when screening applicants for admission.

Ban the Box is a modern civil rights movement advocating for the passage of laws throughout the country designed to protect individuals involved with the criminal justice system from unfair and systematic discrimination based on their criminal history. The principal aim of Ban the Box is the passage of laws removing the checkbox asking if applicants for work have a criminal record on hiring applications. Often, Ban the Box laws regulate when and how an employer can consider this information, and some Ban the Box laws provide penalties for applicants who suffer a civil rights violation. It is unclear what enforcement mechanism’s Roseland Park’s new Ban the Box law contains.

Roseland Park Bans the Box

by Michael Astanehe · May 28, 2020

On May 18, 2020, the Roseland Park City Council banned the box after unanimously approving a new law that prohibits city agencies from inquiring into applicant criminal history, except for positions related to public safety. Now, city employers are prohibited from asking about applicant criminal history on employment applications or conducting background checks while processing an application.

Roseland Park joins Johnson County, which banned the box from county job applications in 2016, and the State of Kansas, which banned the box for most state positions in 2018.

California Employers May Not Ask About Criminal Record on Applications

by Michael Astanehe · Apr 19, 2020

Under California’s Fair Chance Act, also known as Ban the Box, California employers cannot inquire about criminal history on employment applications. The Ban the Box Law seeks to remove the stigma associated with criminal records and give all applicants a fair chance at securing employment.

Can California Employers Inquire into Criminal Records on Applications?

No. California’s Fair Chance Act prohibits California employers from including any questions or requests related to an applicant’s criminal record.

Have you ever been convicted of or pled no contest or guilty to a felony?
-Prohibited Employment Application Question

Additionally, the California Fair Chance Act prohibits California employers from conducting criminal background checks until after extending a conditional employment offer.

What Happens Where an Employer Requests Criminal Record Information on an Application?

A California employer who asks for criminal record information violates California law and is liable for damages. Applicants & employees who have suffered a Ban the Box violation – including being forced to disclose their criminal record information on an initial application – are entitled to recovery of their actual damages, a significant punitive damage award, and a statutory penalty of up to $25,000. Additionally, the employer must pay the aggrieved applicant‘s court costs and attorney fees.

Are Any Positions Not Covered by California’s Ban the Box Law?

Yes. The California Fair Chance Act does not cover:

Positions for employers with fewer than five employees;
Positions requiring a mandatory criminal background report;
Positions at criminal justice agencies;
Farm labor contractors;
Positions requiring the employer to perform a criminal background check or to restrict employment based on criminal history.

No Upfront Costs for California Ban the Box Lawsuit

Astanehe Law handles California Ban the Box claims on a contingency basis. This means that applicants who were asked about their criminal record on a California application can pursue their claims without having to pay an upfront flat fee or exorbitant billable rate.

Astanehe Law Knows the California Ban the Box Law

Astanehe Law, California’s leading employee rights law firm, has significant Ban the Box experience. If you recently completed an application requesting information pertaining to your criminal record, your rights were violated, and you have a claim. Astanehe Law will fight for you.

Litigation is stressful. To that end, Astanehe Law provides each client with comprehensive legal service so that they remain fully informed and comfortable throughout the process. Astanehe Law is a full-service law firm committed to fiercely litigating injustice on behalf of its clients.

If you have any questions about the California Ban the Box law, or to discuss your Fair Chance Act options, contact Astanehe Law to speak with an experienced employment law attorney.

This article originally appeared on the Astanehe Law website. To discuss with an attorney California’s Ban the Box Law, a wrongful employment denial, or a wrongful termination, contact Astanehe Law. Contact Astanehe Law for assistance.

Court Dismisses Lawsuit Challenging Waterloo Ban the Box Law

by Michael Astanehe · Apr 7, 2020

On April 3, 2020, a Black Hawk County District Court Judge ruled that a legal challenge to Waterloo’s Ban the Box law was without merit and dismissed the case.

In the order, the Honorable Bauercamper said the Ordinance was lawful and did not run afoul of a state law restricting Iowa cities’ ability to limit hiring practices. Instead, Waterloo’s Ban the Box law regulates civil rights abuses by curtailing discrimination based on conviction history.

Waterloo’s Ban the Box law is set to take effect on July 1, 2020.

Previously, a Waterloo City Council member tried to repeal the Waterloo Ban the Box law by motion, which swiftly failed after no Waterloo council members joined her.

The Iowa Association of Business & Industry plans to appeal the ruling.

Meanwhile, a possible statewide Ban the Box law ban is alive in the state Legislature – now on hiatus during the Coronavirus/COVID-19 pandemic – that seeks to prohibit cities and counties from passing Ban the Box Laws.

California Ban the Box Penalties 2020

by Michael Astanehe · Apr 4, 2020

California’s Ban the Box Law, officially known as the California Fair Chance Act, assists Californians with conviction histories with re-entry into society by prohibiting employers from asking about conviction history before making a job offer. The Ban the Box Law seeks to remove the stigma associated with previous convictions and give all applicants a fair chance at securing employment by making the unlawful consideration of conviction history an unlawful employment practice under the Fair Employment & Housing Act (“FEHA”).

California’s Ban the Box law applies statewide and covers employees and applicants whose employers or potential employers employ at least five people. California’s Ban the Box law prohibits the following:

Bans the box on employment applicants by prohibiting employers from asking about an applicant’s conviction history;
Requires employers to abstain from inquiring into an applicant’s conviction history until after making a conditional employment offer;
Requires employers engage in an individualized assessment before deciding on a candidate for employment;
Gives applicants the right to request and review the background check conducted by the potential employer;
Permits applicant to respond to an employer’s rejection due to conviction history;
Requires the employer to consider the employee-appeal and provide a written response; and,
Makes the unlawful consideration of an applicant or employee’s conviction history an unlawful employment practice under the California Fair Employment & Housing Act (“FEHA”).

For more information on how California’s Ban the Box law works, click here.

Applicants and employees who suffered a Ban the Box violation have an actionable claim against their employer or potential employer for employment discrimination. California employees and applicants whose ban the box rights were violated can obtain the following penalties & damages against the employer:

Actual damages for injuries or losses, including back pay and loss of future income;
Compensatory damages for pain, suffering, humiliation, and emotional distress;
Punitive damages; and,
Attorney fees and court costs.

If an employer recently denied your California Ban the Box law rights, contact Astanehe Law immediately a consultation. You have rights, and Astanehe Law may be able to assist you. Call us at (415) 226-7170 or email us at contact@astanehelaw.comto speak with an experienced employment attorney.

Suffolk County, New York Votes to Ban the Box

by Michael Astanehe · Mar 19, 2020

The Eastern Long Island County of Suffolk voted on Tuesday, March 17, 2020, to pass a Ban the Box law. Under the new law, employers are prohibited from inquiring into an applicant’s conviction history until after completing an initial interview. Further, employers cannot ask about conviction history on initial employment applications.

After completing an initial interview, Suffolk County employers may inquire into the applicant’s conviction history but must perform an individualized assessment before denying employment.

“Everyone deserves an opportunity to put their best foot forward in a job interview without being automatically disqualified,” County Legislator Kevin J. McCaffrey, a co-sponsor of the bill, said. “This legislation strikes a fair balance of protecting employers and prospective employees.”

Like other Ban the Box laws, the Suffolk County Ban the Box law exempts law enforcement positions, or positions at law enforcement agencies, fire and emergency services, the Sheriff’s office, the District Attorney’s Office, and the Department of Probation.

The law takes effect in about 120 days.