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Effective December 2021, the law will prohibit most federal agencies and contractors from requesting information on a job applicant’s arrest and conviction record until after conditionally offering the job to the applicant. In December 2019, the “Fair Chance to Compete for Jobs Act of 2019” became law as part of the National Defense Authorization Act.In November 2015, President Obama endorsed ban-the-box by directing federal agencies to delay inquiries into job applicants’ records until later in the hiring process.Support for fair-chance policies has gained momentum in recent years, with policies adopted at not only the state and local levels, but also by the federal government: The federal government embraced “ban the box” for federal agencies and contractors. A chart summarizing all state and local policies across the nation appears at the end of this guide. This resource guide documents the numerous states and localities that have taken steps to remove barriers to employment for qualified workers with records. Borne out of the work of All of Us or None, these policies provide applicants a fair chance at employment by removing conviction and arrest history questions from job applications and delaying background checks until later in the hiring process. Nationwide, 37 states and over 150 cities and counties have adopted what is widely known as “ban the box” so that employers consider a job candidate’s qualifications first-without the stigma of a conviction or arrest record.
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