Direct Admission Question Information

Direct admissions questions are questions regarding prior drugs, alcohol, and theft on the job. 

The Scoreboard, Guardian and Performer assessments are each available in 2 versions - 

with (version I) or without (version II) 35 direct admission questions.

The Fair Chance to Compete for Jobs Act of 2019* became effective on October 2, 2023. Many state and local governments have also implemented similar laws throughout the country.  As of October 2021, 37 states and over 150 cities and counties nationwide had adopted what is widely known as “ban the box” laws so that employers consider a job candidate’s qualifications first, without the stigma of a conviction or arrest record. These policies provide applicants a fair chance at employment by removing conviction and arrest history questions from job applications and delaying background checks until later in the hiring process.

It is our general recommendation for all of our customers to avoid these questions on the assessments.  We suggest you consult your labor/employment attorney if considering including these questions.

*FAIR CHANCE TO COMPETE FOR JOBS ACT

The Fair Chance to Compete for Jobs Act of 2019 (“Fair Chance Act”) generally prohibits Federal agencies from requesting that an applicant for Federal employment disclose criminal history record information before the agency makes a conditional offer of employment to that applicant. The Act is intended to ensure that every applicant receives a fair chance at employment, allowing the merits of an individual to include their qualifications and skills to be the primary criteria for hiring. The Fair Chance Act was designed to help qualified workers with arrests or conviction records compete fairly for employment in Federal agencies. The Fair Chance Act prohibition regarding criminal history inquiries does not apply to applicants being appointed to positions that: 1) require by statutory authority an inquiry before extending an employment offer; 2) require a determination of eligibility for access to classified information; 3) have been designated as sensitive regarding national security; 4) are dual status military technicians; and 5) are Federal law enforcement officers.

On December 20, 2019, the US president signed into law the National Defense Authorization Act, which includes the Fair Chance to Compete for Jobs Act of 2019 (“Fair Chance Act” or “the Act”). The Fair Chance Act prohibit Federal agencies and Federal contractors acting on their behalf from requesting that an applicant for Federal employment disclose criminal history record information before the agency makes a conditional offer of employment to that applicant. The Act is intended to ensure every applicant receives a fair chance at employment, allowing the merits of an individual to include their qualifications, skills be the primary criteria for hiring. The Fair Chance Act was designed help qualified workers with arrests or conviction records compete fairly for employment in federal agencies. On October 2, 2023, the U.S. Office of Personnel Management (OPM) finalized its regulations for the Fair Chance Act. The regulations assist agencies like the Department of Treasury, in carrying out the provisions of the Act found in chapter 92 of title 5, United States Code. The regulations also provide a complaint process for applicants who believe they have been subjected to a violation of the Fair Chance Act and hold accountable Federal employees found to have committed such a violation. 

EXCEPTIONS Notably, the Act’s prohibition regarding criminal history inquiries before conditional offers of employment does not apply to applicants being appointed to positions that require a determination of eligibility for access to classified information; assignment to or retention in sensitive national security duties or positions; or is a Federal law enforcement officer or dual-status military technician position.