The Portland, Oregon City Council recently passed a ‘Ban the Box’ ordinance that would prohibit employers from asking criminal history questions to an applicant prior to a conditional offer of employment. The ordinance is meant to lift barriers for past offenders seeking employment and reduce recidivism among these past offenders and reintegrate them into society.
There are some exemptions for employers regarding this new law, some of them include:
- Employer with fewer than six employees
- Employer is a law enforcement agency, in the criminal justice system, or seeking non-employee volunteer.
- If the position involves the direct access or provision of services to children, the elderly, persons with disabilities, persons with mental illness, or people with alcohol and drug dependence or substance abuse disorders.
This new ordinance for Portland goes into effect on July 1, 2016. Earlier in the year the state of Oregon passed their own ‘ban the box’ legislation that goes into effect on January 1, 2016. The primary difference between the two pieces of legislation is when an employer may inquire about any criminal history. The Oregon law prohibits asking the question prior to the first interview, Portland employers must wait until after a conditional offer of employment is made.
Variations of ‘ban the box’ laws are now enforced in more than 100 cities and counties as well as 17 states across the country.