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Updates to the Federal Fair Chance Act prohibit government contractors from asking questions about criminal records on job applications.

About The Law

A federal Fair Chance Act was signed into law in December 2019. Section 1123 of that law, known as The National Defense Authorization Act (NDAA) For Fiscal Year 2020, established a Ban the Box policy that went into effect on December 20, 2021. It prohibits government contractors from including questions about criminal records on job applications or inquiring about an applicant’s criminal history, either verbally or in writing, until after they make a conditional offer.

Entities that do not comply with these regulations might be deemed ineligible for winning federal contracts or receiving payment from civilian and defense executive agencies. These restrictions do not seem to apply to federal subcontractors.

Exceptions

There are exceptions to the federal Ban the Box law. Government contractors may still inquire about a candidate's criminal history in advance if:

• Doing so is required by law.
• The individual would work in some form of law enforcement or national security.
• The person would have access to classified information.

More exemptions were expected to be announced by April 2021. They would have included positions that involve working directly with minors, having access to classified or sensitive data or managing financial transactions. However, that has not yet occurred and the deadline for these addendums is now January 5, 2022.

Ban The Box Laws Continue To Become More Common

Most states in the country have some type of Ban the Box law. Hundreds of cities and counties also have their own in place. This nationwide movement to provide second chances to formerly incarcerated individuals continues to gain momentum.

While these laws differ by location, their primary goal is to help people who have criminal records find employment. In turn, this is expected to help reduce the rate of recidivism. Millions of Americans have arrests and convictions, which can be a major hindrance when they are trying to get jobs. Being unable to obtain employment can lead to people feeling like they have no choice but to commit additional crimes just to survive.

Ban the Box laws ask employers to learn about their candidates so they can determine if each person is eligible and likely to succeed before finding out if they have criminal convictions. In the past, people who had any type of record often did not receive consideration. This caused numerous individuals to be dismissed, even if they were qualified and their offense was for something minor, irrelevant or that occurred many years ago.

Running Background Checks

Every location that has a Ban the Box law continues to encourage employers to screen applicants, employees, contractors and volunteers. A background report helps the reviewer determine if the person they are considering meets their requirements and is likely to succeed.

The team at Backgrounds Online can help you customize background check packages for any position. These reports help organizations make informed decisions and maintain safe workplaces. If you need employment screening services, please contact us. We are available to assist you Monday through Friday from 5am to 6pm PT.