In recent years, advocates and lawmakers have been pushing to expand the reach of “ban-the-box” measures designed to remove job barriers for individuals with criminal convictions. “Ban-the-box” laws, also called “fair chance laws,” are designed to prevent employers from excluding applicants based on their criminal history alone, by prohibiting employers from immediately inquiring into an applicant’s criminal history before evaluating their qualifications.
Ban-the-box laws have been adopted federally (for federal agencies and federal contractors acting on their behalf) and in numerous states and local jurisdictions. These laws generally contain broad carve-outs for employers or positions where background checks are required, including within the financial services industry. Some changes are coming to narrow those exemptions. On December 23, 2022, President Biden signed into law the Fair Hiring in Banking Act (FHBA), which substantially revised Section 19 of the Federal Deposit Insurance Act (FDIA) to reduce hiring barriers within the financial services sector.
Blog Editors
Recent Updates
- SCOTUS Levels the Field for “Reverse” Discrimination: Potential Consequences
- Video: DOL Restructures - OFCCP on the Chopping Block as Opinion Letters Expand - Employment Law This Week
- Hot Topics in Employee Benefits: A Primer for In-House Lawyers
- Video: Abortion Protections Struck Down, LGBTQ Harassment Guidance Vacated, EEO-1 Reporting Opens - Employment Law This Week
- As Retail Worker Safety Act Becomes Effective, NYSDOL Issues Guidance and Materials for Employers