New “Ban the Box” Legislation Brewing in Delaware and New York City

May 3, 2014 | Bryan Barajas

bantheboxIn an effort to reduce recidivism and give everyone a fair chance at employment, “Ban the Box” legislation is pending for the State of Delaware and the City of New York.


The Delaware Senate has passed H.B. 167 (“Ban the Box” legislation) and the bill now awaits signature by Governor Jack Markell.  Since Markell was an early proponent of “Ban the Box” legislation, signature is thought to be imminent.


Meanwhile, in New York City, a coalition of community, labor and faith groups, called Fair Chance NYC, is proposing The Fair Chance Act to give job applicants a level playing field when applying for work.  “Job applicants should be evaluated on their present skills and experience first and their past mistakes second,” said David R. Jones, President and CEO of Community Service Society.


Executive Order 151 has been in place in New York City since 2011 which prohibits City agencies from asking about an applicant’s criminal history on initial job applications or during the first interview. The Fair Chance Act looks to expand this legislation to all employers in New York City.


“Ban the Box” legislation delays the background check and asking an applicant about criminal history until after the first interview and prevents people from being denied work unless there is a direct relationship between the conviction and the job.


We will keep you posted on both pending legislations.


If you want the most up-to-date “Ban the Box” legislation, visit

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