I 112th CONGRESS 2d Session H. R. 6220 IN THE HOUSE OF REPRESENTATIVES July 26, 2012 Mr. Clarke of Michigan introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on House Administration, Oversight and Government Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit an employer from inquiring whether an applicant for employment has been convicted of a criminal offense, except in certain circumstances.

1.

Short title

This Act may be cited as the Ban the Box Act.

2.

Unlawful employment practices related to criminal record of applicants

(a)

In general

Except as provided in subsection (b), it shall be an unlawful employment practice for any employer to make inquiries of an applicant for employment or otherwise seek information about such an applicant (including through the use of any form or application) relating to whether such applicant has ever been convicted of a criminal offense. (b)

Exception

Notwithstanding subsection (a), an employer may make inquiries of an applicant or otherwise seek information about the applicant relating to whether such applicant has ever been convicted of a criminal offense— (1)after a conditional offer for employment has been extended to an applicant; or (2)where the granting of employment may involve an unreasonable risk to the safety of specific individuals or to the general public.

3.

Rulemaking

Not later than 1 year after the date of enactment of this Act, the Commission shall issue rules— (1)defining categories of employment where an individual’s past criminal history may involve an unreasonable risk to the safety of specific individuals or to the general public; and (2)factors to be considered by employers in assessing whether an individual’s past criminal history poses such an unreasonable risk.

4.

Enforcement

(a)

Employees Covered by Title VII of the Civil Rights Act of 1964

(1)

In general

The powers, procedures, and remedies provided in sections 705, 706, 707, 709, 710, and 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–4 et seq.) to the Commission, the Attorney General, or any person, alleging a violation of title VII of that Act (42 U.S.C. 2000e et seq.) shall be the powers, procedures, and remedies this title provides to the Commission, the Attorney General, or any person, respectively, alleging an unlawful employment practice in violation of this title against an employee described in section 5(2)(A), except as provided in paragraphs (2) and (3). (2)

Costs and fees

The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988), shall be the powers, remedies, and procedures this title provides to the Commission, the Attorney General, or any person, alleging such a practice. (3)

Damages

The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this title provides to the Commission, the Attorney General, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States). (b)

Employees Covered by Congressional Accountability Act of 1995

(1)

In general

The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or any person, alleging a violation of section 201(a)(1) of that Act (2 U.S.C. 1311(a)(1)) shall be the powers, remedies, and procedures this title provides to that Board, or any person, alleging an unlawful employment practice in violation of this title against an employee described in section 5(2)(B), except as provided in paragraphs (2) and (3). (2)

Costs and fees

The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988), shall be the powers, remedies, and procedures this title provides to that Board, or any person, alleging such a practice. (3)

Damages

The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this title provides to that Board, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States). (4)

Other applicable provisions

With respect to a claim alleging a practice described in paragraph (1), title III of the Congressional Accountability Act of 1995 (2 U.S.C. 1381 et seq.) shall apply in the same manner as such title applies with respect to a claim alleging a violation of section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)). (c)

Employees covered by chapter 5 of title 3, United States Code

(1)

In general

The powers, remedies, and procedures provided in chapter 5 of title 3, United States Code, to the President, the Commission, the Merit Systems Protection Board, or any person, alleging a violation of section 411(a)(1) of that title, shall be the powers, remedies, and procedures this title provides to the President, the Commission, such Board, or any person, respectively, alleging an unlawful employment practice in violation of this title against an employee described in section 5(2)(C), except as provided in paragraphs (2) and (3). (2)

Costs and fees

The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988), shall be the powers, remedies, and procedures this title provides to the President, the Commission, such Board, or any person, alleging such a practice. (3)

Damages

The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this title provides to the President, the Commission, such Board, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States). (d)

Employees Covered by Government Employee Rights Act of 1991

(1)

In general

The powers, remedies, and procedures provided in sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b, 2000e–16c) to the Commission, or any person, alleging a violation of section 302(a)(1) of that Act (42 U.S.C. 2000e–16b(a)(1)) shall be the powers, remedies, and procedures this title provides to the Commission, or any person, respectively, alleging an unlawful employment practice in violation of this title against an employee described in section 5(2)(D), except as provided in paragraphs (2) and (3). (2)

Costs and fees

The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988), shall be the powers, remedies, and procedures this title provides to the Commission, or any person, alleging such a practice. (3)

Damages

The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this title provides to the Commission, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States). (e)

Employees Covered by section 717 of the Civil Rights Act of 1964

(1)

In general

The powers, remedies, and procedures provided in section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16) to the Commission, the Attorney General, the Librarian of Congress, or any person, alleging a violation of that section shall be the powers, remedies, and procedures this title provides to the Commission, the Attorney General, the Librarian of Congress, or any person, respectively, alleging an unlawful employment practice in violation of this title against an employee or applicant described in section 2(2)(E), except as provided in paragraphs (2) and (3). (2)

Costs and fees

The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988), shall be the powers, remedies, and procedures this title provides to the Commission, the Attorney General, the Librarian of Congress, or any person, alleging such a practice. (3)

Damages

The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this title provides to the Commission, the Attorney General, the Librarian of Congress, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States).

5.

Definitions

As used in this Act— (1)the term Commission means the Equal Employment Opportunity Commission; (2)the term employer— (A)has the meaning given such term in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b)); and (B)includes— (i)an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301) and section 411(c) of title 3, United States Code; (ii)an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (12 U.S.C. 1220(a)); and (iii)an entity to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16(a)) applies; (3)the term employee means— (A)an employee (including an applicant), as defined in section 701(f) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(f)); (B)a covered employee (including an applicant), as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (C)a covered employee (including an applicant), as defined in section 411(c) of title 3, United States Code; (D)a State employee (including an applicant) described in section 304(a) of the Government Employee Rights Act of 1991 (12 U.S.C. 1220(a)); or (E)an employee (including an applicant) to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16(a)) applies; and (4)the term person has the meaning given such term in section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)).

6.

Effective date

This Act shall take effect beginning 1 year after the date of the enactment of this Act.