Ban-the-box, expanded: a state-by-state map for 2026
Eleven new jurisdictions added fair-chance protections this year. Here's what to change in your adjudication matrix.
Fair-chance hiring laws — colloquially 'ban the box' — restrict when and how employers can ask about criminal history. In 2026, the patchwork got considerably more complex.
What's new in 2026
- Eleven new jurisdictions added or expanded fair-chance protections.
- Five states now require individualized assessment before any conditional withdrawal.
- Three states extended protections to independent contractors.
- Two cities (Minneapolis, Pittsburgh) now require employers to publish their adjudication criteria.
What to change in your matrix
If you operate in multiple states, you need a jurisdiction-aware adjudication matrix. A blanket policy that disqualifies on any felony conviction is now unenforceable in 17 states. Ethur's adjudication engine ships with a maintained matrix that updates as laws change.
How to think about individualized assessment
Individualized assessment isn't a checkbox — it's a documented analysis of the nature of the offense, time elapsed, and relevance to the role. Our adjudication module structures this analysis and stores it in an audit-ready format.