Ban-the-Box: Fair Hiring Practices

The push for fair employment practices took a significant leap forward when the city of Des Moines, Iowa, joined the ‘ban-the-box’ movement on November 15, 2021. Des Moines’ decision, although not widely publicized, embodies a critical stand against employment discrimination of individuals with criminal records. This initiative is part of a growing national trend that aims to provide these individuals a more equitable standing in the job market.

Understanding Des Moines’ Ban-the-Box Law

In a unanimous move, the Des Moines city council updated its municipal code to make it illegal for employers to:
  1. Include questions about criminal history on initial job applications.
  2. Ask about an applicant’s criminal past or perform background checks before a conditional job offer is made.
This law has been designed to alter the application process from the point of expressing interest to the point when a job offer is conditionally extended. However, it does permit criminal record discussions if the applicant brings up the information willingly during an interview.

Broader Adoption of Ban-the-Box Laws

Des Moines is certainly not the first jurisdiction to adopt fair chance hiring practices. Across the United States, numerous cities and states have enacted similar laws:
  • New York City: As per the Fair Chance Act, employers can only inquire about criminal records after making a job offer.
  • Chicago: The city’s ordinance prohibits employment discrimination based on criminal history and criminal background checks until after an interview or a conditional offer has been made.
  • Philadelphia: The Fair Criminal Record Screening Standards require the delay of criminal background checks until after a conditional offer has been extended.
  • California: Statewide ban-the-box regulations preclude inquiries about conviction history before the applicant is deemed qualified for the position.
  • Massachusetts: Employers are prohibited from asking about criminal history on an initial job application.

References Supporting the Movement

The information regarding Des Moines’ ban-the-box law can be confirmed and elaborated on through the city’s official website and meeting minutes from the city council:
  1. Des Moines City Council Meeting Minutes: Des Moines City Council
Additional information on the broader adoption of ban-the-box laws in other areas across the United States can be found in references such as:
  1. New York City’s Fair Chance Act: NYC Commission on Human Rights
  2. Chicago’s Fair Chance Hiring Ordinance: City of Chicago
  3. Philadelphia’s Fair Criminal Record Screening Standards: Philadelphia Government
  4. California’s statewide ban-the-box law: California Department of Fair Employment and Housing
  5. Massachusetts’ CORI (Criminal Offender Record Information) reform: Massachusetts Government

Conclusion

Ban-the-box laws are reshaping the country’s approach to fair hiring practices, with Des Moines among the latest to recognize the importance of giving individuals with criminal records the chance to be evaluated based on their skills and qualifications first. As more jurisdictions join this movement, the momentum for change continues to build, paving the way to a more inclusive and equitable workforce.

Michael Brethorst, MS

Chief Contributor

We provide practical and usable real world solutions to common and complex Healtcare and Human Resource questions. All of our articles are based in fact.

Michael Brethorst

My personnel Favorites

Sponsor

Grammarly Writing Support