‘Ban the Box’ dead for the session

Legislation that would have made it easier for Idahoans with criminal records to be considered for a job is dead for the session.

Sen. Cherie Buckner-Webb, D-Boise, who sponsored S1307, said she was pulling the legislation to rework for consideration next session due to unspecified concerns. “I will be working on an updated version of this legislation, in collaboration with stakeholders and partners, searching for a win-win that will provide individuals with criminal histories a fair shot while simultaneously benefiting employers,” she said in a statement.

The legislation put questions about an applicant’s criminal record further down the hiring path for any company with more than five employees. It is typically known as “Ban the Box” because it keeps employers from having to check boxes about criminal records on job applications.

The legislation would have required employers to first determine whether the applicant is otherwise qualified for the job and then extend a conditional offer of employment before considering an applicant’s previous criminal conviction and conducting a background check. Employers could then consider applicants on a case-by-case basis rather than by issuing a blanket denial to any applicant with a criminal record.

More than 150 cities and counties have adopted the legislation, while 30 states have adopted statewide laws or policies and 10 states have mandated the removal of conviction history questions from job applications for private employers as well, according to the National Employment Law Project (NELP), a New York organization tracking it nationwide.