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

Related Content

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.
A federal district judge in San Francisco on Monday temporarily blocked the Trump administration from terminating deportation protections f…
webinar promo graphic, Ideas for Coping with Labor Shortages in Light of Immigration Changes
In light of the massive enforcement efforts underway by the new Administration regarding unauthorized workers, including the termination of…
Silhouette worker
Recent changes in the composition of the National Labor Relations Board (NLRB), and government directives suggest the possibility of signif…
change neon sign
There’s a new Administration in DC, and things are changing rapidly. Executive Orders articulate new policies, there’s new leadership with…
a closet of color coordinated clothes
On his second day in office, January 21, 2025, President Trump issued an executive order titled:  “Ending Illegal Discrimination and Restor…
immigrants collecting crops
Trump's Executive Orders presently do not affect employees who are authorized to work at the present time but may affect any workers who ar…