By April Morgan Hincy, Esq.

Because 2019 seems so long ago to many of us in the age of COVID, we wanted to remind our employer clients that the federal “ban‐the‐box” law, known as the Fair Chance to Compete for Jobs Act of 2019 (“FCA”), will go into effect on Monday, December 20, 2021. Here are some things you need to know:

• The FCA precludes federal agencies as well as federal civilian and defense contractors from requesting information on an applicant’s arrest or conviction history in the hiring process until a conditional job offer has been extended to the applicant.
• The FCA does not preclude employers from conducting background checks or seeking information on arrests or convictions. Rather, the FCA impacts timing and delays when these inquiries can be made in the hiring process.
• The FCA contains exceptions for positions where criminal background checks are required by law or where the position would require the applicant to have access to “classified information” or “have sensitive law enforcement or national security duties.”

Even though the FCA does not yet apply to the private sector, “ban‐the‐box” laws have enjoyed a great deal of bipartisan support as part of larger judicial reform efforts across the country. Gainful employment is seen to have a great impact on recidivism. So, it is possible that a more encompassing federal law could be on the horizon.

Additionally, many states, cities or local municipalities already have versions of a “ban‐the‐box” law on the books. In Pennsylvania, the cities of Pittsburgh and Philadelphia have already implemented their own versions of the FCA which impact all employers in their geographical limits.

For more information:

If you are not sure if you are covered by the FCA or a similar local laws, or want to update your hiring process procedures to be sure you are prepared for any changes in the law, please contact a member of the Bowles Rice Labor & Employment team.