KNOW YOUR RIGHTS: Ban the Box

Almost never. With only one exception, it is illegal for an employer to ask on an application form or to otherwise inquire, either orally or in writing, whether you have ever been arrested or charged with a crime. The exception is if you are applying for a law enforcement agency position or for “positions related to law enforcement agencies.”

Unless and until you are called in for an interview for a job, an employer is also generally prohibited at the first stages of the application process from asking about criminal convictions. However, this prohibition does not apply in the following circumstances:

• You can be asked if you are applying for a law enforcement-related position.
• If a federal or state law or regulation requires or allows an employer to disqualify you from employment if you have been convicted of specified criminal offenses, an employer may include a question or otherwise inquire whether you have been convicted of those offenses. However, the question must be limited to asking about those specific disqualifying offenses cited in the law.
• If a fidelity bond or other type of employment dishonesty insurance is required for the position and one or more specified convictions would disqualify you from obtaining such a bond, an employer can ask whether you have been convicted of any of those offenses.

Yes. While the statute prohibits all non-law enforcement employers from ever asking about your arrests for any crime, and sets the limits noted above on asking about criminal convictions during the initial application process, employers have the right to ask you for information about your criminal convictions “at the first interview or thereafter.” This is in keeping with the philosophy behind the “Ban the Box” law, which is to make sure you aren’t automatically disqualified from consideration for a job right at the beginning of the process.

The R.I. Commission for Human Rights is a state agency that has the authority to investigate and take action over violations of the Fair Employment Practices Act, including the “ban the box” law. Their phone number is 401-222-2662.