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.
webinar, workers comp promo graphic
Navigating workers’ compensation compliance can present significant legal and financial risks for businesses, particularly when navigating…
memo note, blank
A new Justice Department memo was issued 6/9/26, finding the prior EEOC Guidance on unintentional workplace bias illegal and constitutional…
metal ball desk prop
The EEOC’s new “National Enforcement Plan for Fiscal Years 2025-2029,” issued on 6/4/26, significantly affects equal employment opportunity…
haiti
The U.S. Citizenship and Immigration Services (USCIS) has not yet updated the Temporary Protection Status (TPS) webpage indicating terminat…
fired
In a ruling expanding the power of the President to change the leadership of so-called independent federal agencies in a change in administ…
promo graphic, Negotiating and Handling Sensitive Employment Terminations
As the workplace has changed in the 21st century, so to have rules for handling termination of employment.  In this webinar Betsy Dorminey…