Ban the What?
Lots of talk about “banning” going on lately. But today we want to focus on “ban-the-box” laws, which are becoming increasingly relevant in the world of pre-employment background checks. These laws are currently applicable to some degree in 24 states and 150 individual cities, often applying to public employees but rapidly spreading to the private sector.
“The box” is the question concerning criminal records on employment applications. In general, ban-the-box laws are those prohibiting employers from asking applicants about criminal history until after the interview process or an offer of employment has been made.
To be sure, these laws are not meant to prevent employers from inquiring about an applicant’s criminal record or conducting background checks. Rather, they seek to delay the question being asked until an applicant has had an opportunity to be considered for employment based on his/her skills and qualifications, thereby preventing employers from having automatic disqualifications of applicants who answer “yes” to criminal record questions.
Ex-offenders often face unfair barriers to employment solely because of these blanket disqualification practices by employers, and it is widely recognized that minorities are disproportionately eliminated from employment consideration as a result. Advocates of ban-the-box believe that not asking about an applicant’s criminal record until the individual has had the opportunity to demonstrate what he or she can offer an employer, combined with adhering to recent EEOC guidance on conducting an individual analysis of any criminal record, increases the likelihood that ex-offenders receive fair opportunities for employment.
If you have any questions about ban-the-box laws or background checks, please contact us at 877-660-6400 or Contact@affinityHRgroup.com.
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