Employment Law Worldview

Voluntary Disclosure by Applicant of Criminal Conviction History Triggers Protections Under State Ban-the-Box Law (US)

A Pennsylvania truck driver voluntarily disclosed a 15‑year‑old armed‑robbery conviction during a job interview, prompting an immediate rejection. The employer argued the ban‑the‑box law didn’t apply because the information wasn’t obtained from a state agency. The Third Circuit reversed, holding that any receipt of criminal‑history information—including self‑disclosure—triggers the statute’s protections. The court sent the case back to determine whether the employer failed to evaluate the conviction’s relevance and provide the required written notice.