The Senate Homeland Security and Governmental Affairs Committee recently voted in favor of legislation that would prohibit federal agencies and government contractors from inquiring about a job applicant’s criminal history until after making a conditional employment offer. The proposed law, the Fair Chance Act, would be the first to “ban the box” on the federal level.
New Jersey Senator Cory Booker introduced the Fair Chance Act (S. 2021) in September with bi-partisan support. Companion legislation was also introduced in the House of Representatives. Accordingly, the measure is expected to advance quickly.
The committee’s approval of the Fair Chance Act “is a testament to the growing bipartisan support for reforms that break down barriers to hiring people who’ve paid their debt to society and are looking to turn their lives around,” Sen. Booker stated. “There are millions of Americans with records who are too often passed over by employers without considering their skills or qualifications.”
Why move forward with the Fair Chance Act?
As we have previously discussed on this blog, cities and states across the country, including New Jersey, have passed legislation to “ban the box” in an effort to help individuals with criminal records obtain employment. In New Jersey, the Opportunity to Compete Act prohibits employers with 15 or more employees from requiring an “applicant for employment” to complete any “employment application that makes any inquiries regarding an applicant’s criminal record during the initial employment application process.” According to a press statement by Sen. Booker, 18 states and more than 100 municipalities already have enacted laws that restrict employers from asking about a past felony conviction on a job application.
Under the proposed Fair Chance Act, the federal government — including the executive, legislative, and judicial branches — would be prohibited from requesting criminal history information from applicants until they reach the conditional offer stage. Federal contractors would also be banned from requesting criminal history information from candidates for positions within the scope of federal contracts until the conditional offer stage.
Applying the Fair Chance Act
As with other “ban the box” bills, the legislation provides for a limited number of exceptions. For instance, the ban would not apply to federal law enforcement or national security positions, as well as other jobs where consideration of criminal history record information prior to a conditional offer with respect to the position is otherwise required by law. The bill tasks to the Office of Personnel Management the job of drafting policies and procedures necessary to implement the legislation.
Does Your Homeowners Insurance Provide Adequate Coverage?
Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]
Understanding the Importance of a Non-Contingent Offer
Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]
Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC
Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]
Novation Agreement Process: Step-by-Step Guide for Businesses
Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]
What Is a Trade Secret? Key Elements and Legal Protections Explained
What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]
What Is Title Insurance? Safeguarding Against Title Defects
If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Federal "Ban the Box" Legislation Advancing - the Fair Chance Act
Author: Robert A. Marsico
The Fair Chance Act
The Senate Homeland Security and Governmental Affairs Committee recently voted in favor of legislation that would prohibit federal agencies and government contractors from inquiring about a job applicant’s criminal history until after making a conditional employment offer. The proposed law, the Fair Chance Act, would be the first to “ban the box” on the federal level.
New Jersey Senator Cory Booker introduced the Fair Chance Act (S. 2021) in September with bi-partisan support. Companion legislation was also introduced in the House of Representatives. Accordingly, the measure is expected to advance quickly.
The committee’s approval of the Fair Chance Act “is a testament to the growing bipartisan support for reforms that break down barriers to hiring people who’ve paid their debt to society and are looking to turn their lives around,” Sen. Booker stated. “There are millions of Americans with records who are too often passed over by employers without considering their skills or qualifications.”
Why move forward with the Fair Chance Act?
As we have previously discussed on this blog, cities and states across the country, including New Jersey, have passed legislation to “ban the box” in an effort to help individuals with criminal records obtain employment. In New Jersey, the Opportunity to Compete Act prohibits employers with 15 or more employees from requiring an “applicant for employment” to complete any “employment application that makes any inquiries regarding an applicant’s criminal record during the initial employment application process.” According to a press statement by Sen. Booker, 18 states and more than 100 municipalities already have enacted laws that restrict employers from asking about a past felony conviction on a job application.
Under the proposed Fair Chance Act, the federal government — including the executive, legislative, and judicial branches — would be prohibited from requesting criminal history information from applicants until they reach the conditional offer stage. Federal contractors would also be banned from requesting criminal history information from candidates for positions within the scope of federal contracts until the conditional offer stage.
Applying the Fair Chance Act
As with other “ban the box” bills, the legislation provides for a limited number of exceptions. For instance, the ban would not apply to federal law enforcement or national security positions, as well as other jobs where consideration of criminal history record information prior to a conditional offer with respect to the position is otherwise required by law. The bill tasks to the Office of Personnel Management the job of drafting policies and procedures necessary to implement the legislation.
