During the 2014 Texas gubernatorial race, one political ad by Wendy Davis was particularly disturbing. The ad told the story of a vacuum distributor who allegedly failed to run a background check on one of its sales contractors. That contractor purportedly brutally raped a woman in her home, “while her children slept in the next room.” Davis accused now-Governor Greg Abbot of siding “with the company against the victim” because of a decision rendered during his tenure on the Texas Supreme Court. Every time I open the door to let a repairman in my home, that ad narrator’s voice lingers in my head.

Yet, as an employment lawyer, I know that a majority of companies run background checks. More sobering than the allegations in the ad is the Ban the Box movement slowly gaining momentum across the United States. Should the Texas legislature and government agencies be involved in protecting the workplace rights of individuals with criminal convictions? Ex-convicts are not a protected class under federal or Texas anti-discrimination laws. So why does Ban the Box continue to gain momentum?

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