by M. Brett Burns, Robert T. Bumbacher, Crawford C. LeBouef - The National Law Review

Earlier this year, Harris County, Texas, which encompasses a substantial majority of the City of Houston, became the sixth Texas city or county to embrace a “ban the box” policy when it adopted the Fair Chance Policy.

As we have previously posted (see here and here), “ban the box” policies are gaining support around the country, with over 37 states and over 150 cities and counties having adopted some form of a ban the box policy, including several in Texas. Generally, these policies are designed to ensure that potential employers consider a job candidate’s skills and qualifications first, thereby eliminating any implicit bias or negative implication to his/her application due to a criminal conviction or arrest record. As the name suggests, these policies typically eliminate the box (or question) on an employer’s employment application where the applicant must check off whether or not he/she has a criminal record.