The Effect of Ban the Box Legislation on Your Background Check Program
Posted by Doug Hay on Tue, May 03, 2011 @ 10:40 AM
There is a movement in many state legislatures to include “Ban the Box” legislation during the hiring process. “Ban The Box” laws prohibit prospective employers from using job applications that require applicants to disclose or "check a box" if they have a criminal history.
Anoop Mishra, COO of Tandem Select’s drug testing partner EDPM, posted some great information last week about “Ban the Box” legislation. Mishra cites a number of recent actions in state legislatures concerning “Ban the Box” laws. Here are a few from his post.
On April 18th, the City of Philadelphia signed into law a "Ban the Box" provision, which prohibits prospective employers from using job applications that require applicants to disclose or "check a box" if they have a criminal history. This law prohibits both public and private employers in the City from asking about an individual's criminal convictions "before and during the first interview." After a preliminary interview, if the applicant is still being considered, the employer is free to ask about criminal convictions and to run criminal background checks.
Philadelphia is only the latest of more than 25 municipalities (such as Chicago, Seattle, Atlanta, Baltimore) to place greater restrictions on what information an employer can collect and when. Since Minnesota became the first state in 2009 to pass "Ban the Box" legislation, several states have followed suit, including California, Hawaii, Massachusetts, and New Mexico.
In fact, only two weeks ago, Maryland passed the Job Applicant Fairness Act, which prohibits (in most circumstances) employers from using credit history as a basis for making adverse employment decisions. A few other states like Illinois and Washington already have similar laws on credit checks in place.
Mishra points out that, “While employers can still run criminal background checks on applicants, even in those states with Ban the Box laws in place, the bottom line is that there are enough state and local restrictions in place on employment screening practices throughout the U.S. to warrant employers more closely examining their own understanding of what those restrictions are, where they apply, and how they affect the hiring process.”
As in most hotly contested legislative issues they are two sides, both of whom have reasonable arguments. Supporters of “Ban the Box” contend that individuals with prior criminal histories are unfairly targeted and discriminated against in the job market. Opponents of the legislation argue that employers should have the right to establish their own employment standards.
Tandem Select is here to help you make the best decisions for your organization as it pertains to “Ban the Box” legislation. We’d like to get your thoughts on the trend toward more restrictive criminal background check legislation and how you have adjusted your pre-employment background check programs to stay in compliance with your state’s laws.
Click here to see Anoop Mishra’s original post