Ban the Box Bill for Federal Contractors Moves Through Senate Committee

Employment Law

This week, a bill that would prohibit federal contractors from asking job applicants about their criminal histories until the conditional offer stage was sent to the Senate floor after passing through committee on a voice vote.  The Fair Chance Act (S. 842), sponsored by Senator Cory Booker (D-NJ), resembles a final rule published by the Office of Personnel Management for federal agencies to "ban the box."  If passed into law, the bill would make it a statutory requirement for agencies and for federal contractors.  The legislation includes a number of exceptions, including:

• Law enforcement and national security jobs;
• Positions requiring access to classified information; and
• Jobs where existing law requires that information about criminal history is gathered before the conditional offer stage.