CIPP/US Study Guide
Chapter 12: Workplace Privacy

Fair Chance Act and Ban-the-Box Laws

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The Fair Chance to Compete on Jobs Act (FCA), enacted in 2019, bars federal agencies and federal contractors from asking about an applicant's criminal history until a conditional offer is made. It is part of the broader 'Ban the Box' movement adopted by roughly two-thirds of states and 150+ municipalities.

The Fair Chance to Compete on Jobs Act (FCA) (2019) restricts federal agencies and federal contractors from requesting criminal-history information until a conditional offer is made. It is part of Ban the Box laws, adopted by approximately two-thirds of states and more than 150 municipalities.

Scope

The FCA applies to federal agencies and federal contractors - not all private employers. But many state and local Ban-the-Box laws reach private employers, so check the applicable jurisdiction.

Key terms - quick answers

What is “Fair Chance to Compete on Jobs Act (FCA)”?
2019 law restricting federal agencies and federal contractors from requesting an applicant's criminal-history information until a conditional offer of employment has been made.
What is “Ban the Box laws”?
Laws that remove the checkbox on job applications asking whether an applicant has a criminal history, delaying criminal-history inquiries.

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