Accessibility Tools

Skip to main content

Federal Contractors Now Subject to "Ban the Box" Rules

Written on .

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.

View newsletter online

Download newsletter as a PDF

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.
promo graphic, Responding to a Plaintiff Attorney’s Demand Letter
It is quite common for plaintiff’s attorneys to write a letter to a company, popularly called a “demand letter,” claiming the employer has…
scales of justic and gavel
On June 9, 2026, the U.S. House of Representatives passed the Faster Labor Contracts Act (FLCA), a concept long supported by organized labo…
gavel, court room table
In a Department of Justice (DOJ) Memo issued on June 9, 2026, the DOJ has re-evaluated the Equal Employment Opportunity Commission’s (EEOC)…
woman symbol lineup
The U.S. Supreme Court has upheld the laws of two states reserving female teams for biological females, finding such laws do not violate ei…
stack of reports
A vote on July 21, 2026, was 2-1 by the EEOC Commissions to end workforce demographic data collections.  A notice of rulemaking must appear…
pile of cash
Individuals and corporations can begin making contributions to tax-advantaged investment accounts for children starting July 4, 2026, and s…