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an applicant’s criminal history in making hiring decisions. Some states, such as NewYork, also aggressively pursue employers who use an applicant’s criminal backgroundhistory in hiring decisions. Furthermore, at least twelve states and more than 66municipalities have adopted “ban-the-box” legislation, which prevents employers fromemployer a checkbox on job applications that asks whether the applicant has a criminalhistory. Such legislation has been referred to as “compassionate legislation”, andproponents of such measures state that removing the boxes allows convicts fairconsideration for jobs that will help them reintegrate into society after completing theircriminal sentences.It is estimated that approximately seventy million people in the United States havecriminal records and that nearly 700,000 of them return to communities on an annualbasis after being released from jail or prison. Advocates of “ban-the-box” note thestigma associated with having a criminal record and that “marginalizing ex-offendershelps none of us.” 6Such legislation has been referred to as a “foot-in-the-door”legislation, not “hire ex-felons” legislation.The states that have adopted “ban-the-box” legislation include: California, Colorado,New Mexico, Nebraska, Minnesota, Illinois, Maryland, Delaware, Connecticut, RhodeIsland, Massachusetts, and Hawaii. Some of the legislation extends to privateemployers, while some is restricted to public employers.In addition to these states, several municipalities have also adopted varying forms oflegislation, such as Baltimore, Maryland; Louisville, Kentucky; and Washington, D.C.6 Delaware Governor Jack A. Markell, State of the State (Jan. 23, 2014).6

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