I 
112TH CONGRESS 
2D SESSION 
H. R. 6220 
To prohibit an employer from inquiring whether an applicant for employment 
has been convicted of a criminal offense, except in certain circumstances. 
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 Re-
form, and the Judiciary, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ban the Box Act’’. 
SEC. 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 
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employer to make inquiries of an applicant for employ-
ment or otherwise seek information about such an appli-
cant (including through the use of any form or applica-
tion) relating to whether such applicant has ever been con-
victed 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 of-
fense— 
(1) after a conditional offer for employment has 
been extended to an applicant; or 
(2) where the granting of employment may in-
volve an unreasonable risk to the safety of specific 
individuals or to the general public. 
SEC. 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 un-
reasonable risk to the safety of specific individuals 
or to the general public; and 
(2) factors to be considered by employers in as-
sessing whether an individual’s past criminal history 
poses such an unreasonable risk. 
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SEC. 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 At-
torney 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 em-
ployment practice in violation of this title against an 
employee described in section 5(2)(A), except as pro-
vided 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, rem-
edies, and procedures this title provides to the Com-
mission, the Attorney General, or any person, alleg-
ing such a practice. 
(3) DAMAGES.—The powers, remedies, and pro-
cedures provided in section 1977A of the Revised 
Statutes of the United States (42 U.S.C. 1981a), in-
cluding the limitations contained in subsection (b)(3) 
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of such section 1977A, shall be the powers, rem-
edies, and procedures this title provides to the Com-
mission, the Attorney General, or any person, alleg-
ing such a practice (not an employment practice spe-
cifically excluded from coverage under section 
1977A(a)(1) of the Revised Statutes of the United 
States). 
(b) EMPLOYEES COVERED BY CONGRESSIONAL AC-
COUNTABILITY ACT OF 1995.— 
(1) IN GENERAL.—The powers, remedies, and 
procedures provided in the Congressional Account-
ability 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, rem-
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edies, and procedures this title provides to that 
Board, or any person, alleging such a practice. 
(3) DAMAGES.—The powers, remedies, and pro-
cedures provided in section 1977A of the Revised 
Statutes of the United States (42 U.S.C. 1981a), in-
cluding the limitations contained in subsection (b)(3) 
of such section 1977A, shall be the powers, rem-
edies, 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 re-
spect to a claim alleging a practice described in 
paragraph (1), title III of the Congressional Ac-
countability 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, al-
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leging 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 un-
lawful employment practice in violation of this title 
against an employee described in section 5(2)(C), ex-
cept 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, rem-
edies, and procedures this title provides to the Presi-
dent, the Commission, such Board, or any person, 
alleging such a practice. 
(3) DAMAGES.—The powers, remedies, and pro-
cedures provided in section 1977A of the Revised 
Statutes of the United States (42 U.S.C. 1981a), in-
cluding the limitations contained in subsection (b)(3) 
of such section 1977A, shall be the powers, rem-
edies, and procedures this title provides to the Presi-
dent, 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). 
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(d) EMPLOYEES COVERED
BY GOVERNMENT EM-
PLOYEE 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, re-
spectively, alleging an unlawful employment practice 
in violation of this title against an employee de-
scribed 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, rem-
edies, and procedures this title provides to the Com-
mission, or any person, alleging such a practice. 
(3) DAMAGES.—The powers, remedies, and pro-
cedures provided in section 1977A of the Revised 
Statutes of the United States (42 U.S.C. 1981a), in-
cluding the limitations contained in subsection (b)(3) 
of such section 1977A, shall be the powers, rem-
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mission, the Attorney General, the Librarian of Con-
gress, or any person, alleging such a practice. 
(3) DAMAGES.—The powers, remedies, and pro-
cedures provided in section 1977A of the Revised 
Statutes of the United States (42 U.S.C. 1981a), in-
cluding the limitations contained in subsection (b)(3) 
of such section 1977A, shall be the powers, rem-
edies, and procedures this title provides to the Com-
mission, the Attorney General, the Librarian of Con-
gress, or any person, alleging such a practice (not an 
employment practice specifically excluded from cov-
erage under section 1977A(a)(1) of the Revised 
Statutes of the United States). 
SEC. 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 Account-
ability Act of 1995 (2 U.S.C. 1301) and 
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section 411(c) of title 3, United States 
Code; 
(ii) an entity employing a State em-
ployee 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 ap-
plicant), as defined in section 101 of the Con-
gressional Accountability Act of 1995 (2 U.S.C. 
1301); 
(C) a covered employee (including an appli-
cant), as defined in section 411(c) of title 3, 
United States Code; 
(D) a State employee (including an appli-
cant) described in section 304(a) of the Govern-
ment Employee Rights Act of 1991 (12 U.S.C. 
1220(a)); or 
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(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)). 
SEC. 6. EFFECTIVE DATE. 
This Act shall take effect beginning 1 year after the 
date of the enactment of this Act. 
Æ 
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