Effective December 20, 2021, a new rule in the National Defense Authorization Act took effect in which federal contractors can no longer inquire about an applicant's criminal history before extending a conditional job offer to work on a government contract. A new federal rule is expected to be issued in the near future to encourage and explain how to comply. The concept comes from job applications often have a "box" inquiring into an applicant's criminal record, which some believe can have a discriminatory effect. The new federal restrictions for government contractors do not preclude criminal history inquiries later on in the process after a conditional offer of employment has been extended to the worker. The Equal Employment Opportunity Commission (EEOC) has issued guidance on how employers can address issues relating to criminal history and inquiries into criminal history during the application process.
The new requirements on federal contractors are important since they apply to approximately 25% of the country's workforce. However, most large employers have already been subject to similar limitations since at least 16 states already have such restrictions in place.
This is part of our February 2022 Newsletter.
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