West Virginia Republicans Kill Ban-the-Box Legislation

The Government of West Virginia kills a ban-the-box bill mostly by Republicans. Even though such laws have been enacted by many jurisdictions across the country that doesn’t mean it is a guarantee to pass. However, this process should still remind employers and hiring managers why they should ensure pre-employment background screening policies are current and compliant with law.

Hiring managers need to take note whenever a law governing the use of criminal background records are attempted, such as the recent action in West Virginia, and a best practice remains to work with a well-qualified third-party pre-employment background screening agency in order to remain compliant with existing law and aware of potential law.

The legislature in West Virginia recently went through an unsuccessful effort to implement Ban-the-Box legislation for all public agencies. Even when a legislative effort fails to implement a Ban-the-Box law, employers and hiring managers should take note and ensure existing policies are compliant with law.

Legislators in West Virginia recently attempted to enact a Ban-the-Box law that would force all public employers and agencies to ban the question of criminal history on applications. It explicitly dictates when the offer of employment can be made as well as when a background check that includes criminal history information can be conducted.

The movement behind eliminating criminal history from the employment application is to allow for greater access for employment from individuals with criminal histories.

From West Virginia’s Register-Herald on February 22, 2020 discussing the reasons behind Ban-the-Box in West Virginia:

Del. Sammi Brown, D-Jefferson, the bill sponsor, noted that criminal convictions are one symptom of the ongoing drug epidemic.

“It’s a public safety matter,” she said. “It’s a decreasing crime matter. It’s also getting folks back into the job force and making them fully capable and autonomous over their own lives, and you’re less likely to commit another crime if you’re gainfully employed. You’re less likely to go back into incarceration if you’re providing for yourself and your family, and we just want to give folks quality of life and dignity.” register-herald.com/news/state_region/w-va-committee-passes-ban-the-box-legislation-for-public/article_45660d6f-942b-52a4-87e3-21c3652a0659.html

But the push for Ban-the-Box legislation brings political challenges.

After introduction Republican’s killed the Ban-the-Box legislation.

From Register-Herald webpage on February 27, 2010:

Republicans in the West Virginia House of Delegates Rules Committee voted on Wednesday to kill a bill that would have prevented public employers from asking about a job applicant’s criminal history unless the applicant signed a waiver. register-herald.com/news/state_region/republicans-remove-ban-the-box-legislation-from-agenda/article_1e6a611b-c861-5b08-b986-ee5c7c4e6313.html

Even with the failed effort in West Virginia Ban-the-Box legislation will continue to find its way into different jurisdictions throughout the country, however there will continue to be challenges to all legislative actions. At this point it is still a best practice for all hiring managers and employers to check their current policies and procedures on pre-employment screening to ensure compliance with law.

To read more about this subject read the recent press release: Ban-the-Box Not Always Instant Legislative Passage, Employers Should Still Take Notice; Opines CriminalBackgroundRecords.com

More Ban-the-Box News this time in St. Louis

It seems every month some jurisdiction, city or State is enacting or at least considering new Ban-the-Box legislation. Ban-the-Box is a legislative movement that governs when and if the question of criminal history can be asked of an individual applying for employment. Generally, an employment application will ask about criminal history and by checking the “box” the potential for discrimination against those that check the box is considered very high. Ban-the-Box laws are a method of decreasing discrimination and mandate the removal of the box. These laws also govern when the question of a criminal history can be discussed and, in some cases, whether it is a viable or legal question.

Over the last several years Ban-the-Box laws have spread across the country. A number cities, states, and businesses have implemented Ban-the-Box laws.

Most recently the city of St. Louis enacted their version of Ban-the-Box.

From JDSupra’s website on February 4, 2020:

The St. Louis Ban the Box Ordinance (the “Ordinance”) will restrict private employers in their ability to base hiring or promotion decisions on an applicant’s criminal history. Covered employers that violate the Ordinance could lose their business license and, thus, compliance in this jurisdiction is critical. Such restrictions are not new to the St. Louis area. Indeed, in 2014, St. Louis banned city offices from requiring job applicants to disclose felony convictions, unless the position required a criminal background check. And, in 2018, the St. Louis County Executive issued a similar executive order for county applicants. jdsupra.com/legalnews/st-louis-missouri-enacts-ban-the-box-22753/

Every time Ban-the-Box legislation is implemented hiring managers and HR Departments should make sure their application and pre-employment screening process and policy is fully compliant with law. A best practice remains to work with a well-qualified third-party pre-employment background screening agency.

To read more about this subject read recent press release: Ban the Box in the News!

New Ban-the-Box Law in Waterloo, Iowa Takes Heat About Going Too Far

New ban-the-box legislation in Waterloo, Iowa that is scheduled to take effect July 1st 2020 is taking heavy heat from the business groups that oppose the ordinance. The new law would prevent private employers from asking about criminal background history on job applications. The new law would be even stricter than other ban-the-box laws that have been adopted elsewhere in the country. The new Waterloo Iowa law has seen tremendous backlash from people arguing that the ordinance is unlawful when compared to any other regulation of hiring practices under state and federal law.

Iowa’s “Ban-the-Box” legislation is set to take effect on July 1, 2020, but recent challenges may delay the date.

From SouthernMinn.com (Jan. 06, 20):

A state business group is asking the court to strike down a city ordinance that would prevent private employers from inquiring about criminal backgrounds on job applications.

On Jan. 2, the Iowa Association of Business and Industry filed for an injunction in Black Hawk County District Court to head off Waterloo’s “ban the box” rule, which is scheduled to begin in July. southernminn.com/around_the_web/news/article_ed3f883c-d3ec-5b3f-bd4c-2538d1921147.html

Challenges to law are common and only add to the confusion of when or whether a law will be implemented. Ban-the-Box legislation is designed to assist in eliminating potential discrimination and allow greater access for all groups, especially recently incarcerated individuals.

A best practice for all hiring managers is to work with a well-qualified third-party pre-employment background screening agency in order to remain up-to-date with all laws that could potentially affect their industry.

While the city is yet to comment on the potential litigation, the claim suggests that the Ban-the-Box law violates state constitution.

From SouthernMinn.com (Jan. 06, 20):

According to Iowa ABI’s petition, the group warned city officials before the vote the ordinance would violate a 2017 state law that ABI championed prohibiting cities from adopting ordinances that “exceed or conflict with the requirements of federal or state law … relating to hiring practices.” ibid

Ban-the-box laws have been implemented across the country, the most recent being the Fair Chance Act initiated at the federal level enacted as part of a funding bill. Employers need to understand that laws, such as ban-the-box legislation, can often be challenged in court and without paying strict attention may be unaware of the status of laws governing their industry. That is why it is important to work with an employment screening agency which can help in assisting with compliance to new and existing law.

To read more about this subject read recent press release: Ban-the-Box Legislation in Waterloo, Iowa Faces Challenges

Places in the Country are Getting Serious about Protecting At-Risk Populations

Utilizing thorough background checks to protect at-risk populations should have already been the norm but it wasn’t. Recently several jurisdictions in the country are addressing this issue and are making new State and Federal regulations especially with daycare. Conducting criminal background checks on individuals that will have access to at-risk populations like children and the elderly is one big step in achieving safety for the vulnerable portion of the population in the USA.

The benefits of employment screening and background screening in general is protecting at-risk populations, such as the elderly and children, and everyone in-between. Caregivers of this portion of the population must be thoroughly vetted before given access to these people, it is a sure way to help avoid malfeasant individuals from abusing the at-risk population in this country.

Background screening when conducted in a fair and equitable manner, one that is nondiscriminatory and lawful, can be a great risk mitigation tool. Background screening can verify information on resumes, provide details through the use of public records, and help hiring managers, for paid and unpaid positions, have greater information to make important decisions. Some places in this country are already addressing this issue:

In Buffalo, New York a caregiver facility is faced with the implementation of new regulations designed to further protect at-risk populations.

From WKBW.com (Oct. 28, 19):

New state and federal regulations are now in place for daycares around New York State, that bring daycare providers up to a more rigorous standard, protecting your children from potential predators. wkbw.com/news/i-team/new-background-checks-implemented-to-protect-kids-at-daycare

Enhancing background screening requirements is always a good idea, especially when protecting at-risk populations. Thorough background checks, ones that include a full array of screening reports like criminal history reports, can only improve risk management, and, further, mitigate that risk.

At the Buffalo facility one worker appears to agree with the direction law has taken.

From WKWB.com (Oct. 28, 19):

“It should have been implemented from the beginning,” … “There’s no reason that we weren’t checking a complete background history from state to state…but the benefit of it is, that we will have a complete background history and it’s important.” ibid

However, policies are only as good as how they are being fulfilled. Failure to follow policy can open the door to malfeasance and discrimination.

In Roselle, Illinois a football coach was removed once his past came to light. And it appears that policy was not followed and the coach was allowed to work with and amongst children.

From WGNTV.com (Nov. 07, 19):

The head football coach at Lake Park High School was removed from his coaching duties earlier this week after an investigation found a convicted sex offender was allowed to help coach the team.

Lake Park High School District 108 administration launched an investigation after it came to light that a volunteer varsity football coach was convicted of sexually abusing a minor in 1992. wgntv.com/2019/11/07/if-we-dont-condemn-it-we-condone-it-victim-of-volunteer-coachs-sexual-abuse-in-the-90s-speaks-out/

It is instances like this that remind everyone of how important it is to properly vet all individuals paid or not paid that are given access to at-risk populations like children. To help thwart malfeasance and to help prevent past offenders from striking again a thorough background screening program is certainly a best practice.

To read more about this subject read recent press release: Caregivers & Criminal History; Challenges to Protecting At-Risk Populations

Ban-the-Box Gains Momentum – Recent News and Update

Starting in 1998 in Hawaii ban-the-box legislation has been sweeping across the country. It is an attempt to level the playing field in the employment process in the USA by removing the box on job applications that ask about criminal history. It is an agenda to give ex-cons and those with a criminal background record a better chance to attain gainful employment.

As ban-the-box legislation continues to spread and evolve across the country new jurisdictions are joining in; most recently in Columbia, South Carolina and Waterloo, Iowa; and is under consideration in other municipalities, including a potential citywide ban in St. Louis. “Ban the box” is an attempt to create a fair playing field in employment by removing or “Banning” the question box asking about the criminal history of a job applicant.

Starting slowly in Hawaii in 1998 the ban-the-box movement in recent years has gained significant momentum.

From JS Supra’s website (Oct 22, 19):

Over the last several years, the “ban the box” movement has gained an impressive amount of momentum and support from lawmakers and activists across the nation. With an aim to provide job applicants a chance to obtain employment without the stigma of a conviction or arrest, “ban the box” laws require employers to consider an applicant’s qualifications before inquiring into or considering their criminal background record. While employers may still consider an applicant’s criminal record, they generally must wait until after the applicant’s initial interview or until they extend a conditional job offer, depending on the laws of the particular jurisdiction. https://www.jdsupra.com/legalnews/many-states-and-municipalities-now-ban-22407/

There is a new addition to the list:

Columbia, South Carolina recently passed and enacted a ban-the-box law that will affect all governmental agencies, but not private employers.

From JDSupra.com (Nov. 01, 19):

The ordinance applies to the City of Columbia, government contractors, any person regularly employing five or more persons, any person acting as an agent of an employer, directly or indirectly, or any person undertaking for compensation to procure employees or opportunities for employment. Employment means any occupation, vocation, job, or work for pay, including temporary or seasonal work, contracted work and work through the services of a temporary or other employment agency, or any form of vocational or educational training with or without pay.https://www.jdsupra.com/legalnews/update-columbia-south-carolina-enacts-72373/

Changes that affect the public sector could eventually make it over to the private sector. Additional amendments to a law, especially Ban-the-Box laws add to the complexity, and further highlight the need for employers to work with a well-qualified third-party pre-employment background screening agency. Working with a professional employment screening agency is still a best practice for employers looking to remain compliant with all relevant laws.

To read more about this subject read recent press release: Ban-the-Box: News, Highlights, and Updates

The Holidays are Coming and That Means Hiring Seasonal Employees has Begun

The Holidays are fast approaching and companies are already starting to recruit extra help to deal with the huge increase in business. However, even though these new hires will only be temporary they still need to do due diligence and vet these new hires in the same way they would a full-time employee. Pre-employment background screening should apply the same way to seasonal hires as with full-time employees.

Even though part time help may be temporary they will still be representing the company they work for the same way as the full-time employees. Enacting consistent employment screening policies across all hires both temporary and full-time goes along way at mitigating risk and staying compliant with hiring laws.

Businesses hiring seasonal help should maintain pre-employment screening policies and continue the same vigorous vetting process one might conduct on a long-term or permanent employee.

With the push for quick hiring on employers shoulders they are starting to have job fairs and hiring events at their stores. And 2019 promises to be a big year for seasonal help.

From HRDive.com (Oct 9, 19):

The seasonal hiring push is on. Retailers, in particular, are competing for talent in customer service, warehouse roles, distribution and delivery — and in heightened numbers even from the year before. hrdive.com/news/what-to-expect-from-the-2019-holiday-hiring-season/563953/

And the momentum is increasing.

Recently, a USA Today article highlighted the manic requirement for temporary seasonal help.

From Target.com (Sep 10, 19):

On Tuesday, Target announced it would be hiring more than 130,000 seasonal workers and will host hiring events at every store. The events are Oct. 11-13 and Nov. 2-3 from 10 a.m. to 6 p.m. local time. There also are openings at distribution centers. usatoday.com/story/money/careers/2019/09/10/seasonal-jobs-where-to-find-work-over-holidays/2271056001/

Companies should be encouraged to continue with their vigorous pre-employment background screening practices, with temporary, seasonal hires, as a best practice. Risk mitigation remains a priority within hiring and the responsibility does not lessen with seasonal employees.

A thorough background screening should include a criminal background check (that includes a 50-State Sex Offender Registry check), an SSN Validation with Address History Trace and the necessary verifications such as previous employment and education background. Again, the key to compliance is consistency and that is why all new hires either seasonal or full-time should be vetted the same way.

To read more about this subject read recent press release found at: Holiday Hiring is in Full Effect; Maintain Pre-Employment Screening Policies

Is Continuous Background Screening a Best Practice?

The recent example that ride-hail company Lyft employed as part of their prevention policy to help thwart the possibility of their driver’s committing offenses such as sexual assault may become a best practice for other companies in the USA. This practice is called “Continuous Background Checking”, a process in which an employer performs ongoing criminal background checks on their employees, part-time employees and even independent contractors in this Gig Economy in an ongoing way say once a year or less to ensure that if new offenses occur they will become aware of them hopefully in time to mitigate risk.

The rideshare company Lyft has recently faced legal challenges regarding sexual assault. Inadequate background checks are cited as one of the core problems regarding Lyft’s hiring practices.

From CBSNews.com (Sep 05, 19):

Fourteen women who said they were raped or sexually assaulted by Lyft drivers are suing the ride-hail company. The suit claims Lyft mishandled their complaints against drivers, in some cases allowing the drivers to continue working following the alleged assaults.

In the lawsuit, filed Wednesday in San Francisco, the anonymous women claim the app does not do enough to stop drivers from assaulting passengers. They allege Lyft fails to adequately perform background checks, does not communicate with victims after they accuse drivers of sexual assault, and does not have adequate technology in place to protect passengers. cbsnews.com/news/lyft-lawsuit-14-women-file-lawsuit-after-drivers-allegedly-sexually-assaulted-them/

As a result of all these sexual assault claims Lyft started using continuous background checks as part of their prevention policy and this may prove advantageous. Continuous background checks are a growing trend in employment background screening.

From BusinessInsider.com (Sep 10, 19):

Tuesday’s announcements add to previous safety features that have been part of Lyft’s app for some time, like continuous criminal background checks that flag any drivers who may turn up in databases following their initial hiring, and location sharing. businessinsider.com/lyft-drivers-required-to-take-safety-training-after-attacks-lawsuit-2019-9

Continuous background checks are increasing in popularity and could be an important addition to any companies’ background screening policy. In the light that there were fourteen women so said they were either raped or sexually assaulted by Lyft drivers it is important for companies and organizations doing continuous background checks that they include a 50 State Sex Offender Registry check each time they perform a background check.

In addition to a complete criminal background check one that includes a sex offender check it is also very advantageous to perform a Social Security Number Search with Address History Trace so the employer can see all the places that a person has lived to make sure they do background screening from every place the person has lived.

To read more about this subject read recent press release found at:
Lyft Potential Example of Continuous Background Screening Best Practice; Opines CriminalBackgroundRecords.com

Always Be Sure a Caregiver Has Undergone a Thorough Background Screening

At-Risk populations such as children and the elderly should always be cared for by good people that treat them with dignity and respect and never take advantage of them or harm them. Although it may not be possible to discover the true intentions of caregivers before giving them access to a vulnerable at-risk person there are certainly ways to greatly reduce that risk. The best course of action to do this is to perform a thorough background screening on them before they are hired or utilized. A thorough background screening should include several reference checks, verifications to determine if what they put on their application is true and of course a criminal background check that includes a national sex offender registry check.

A thorough background check on a caregiver is a best practice in protecting those being cared for. Not only can a background check verify application information, it could also give pause to any malfeasant characters with certain criminal history. A thorough background check can be a useful tool in risk mitigation.

Finding a caregiver can be a significant challenge. Often a caregiver might be utilized in a limited capacity, such as a babysitter. Parents may be new to a neighborhood and not know any of the older kids that may be willing to sit and, subsequently, look to a service to provide baby-sitting. Parents should ensure these services conduct thorough background checks on their caregivers before entrusting them with their children.

But when the time calls for longer term babysitting arrangements parents may want to conduct the background check on those individuals they wish to hire. Nannies and long-term babysitters should be thoroughly vetted through interview and background check.

From the Pocono Record (Aug 04, 19):

Experts suggest asking your potential sitter for three references. Ask the references whether the sitter was responsible, how they followed directions, why they no longer work for them and if they would ever consider hiring them again. “You cannot underestimate the power of parental intuition. If a potential sitter made a reference uncomfortable or makes you second guess your choices, beware. A parent should always trust his or her gut when it feels like something is off,”…. poconorecord.com/entertainmentlife/20190804/expert-tips-on-how-to-find-safe-caregiver-for-your-child

Three references in addition to a thorough background check is definitely a best practice.

Elder care can be more complicated, especially when one must consider the level of care. However, at any level of in-home caregiving individuals providing care must be thoroughly background checked to help ensure the patient is in good hands and won’t be abused.

It is clear that for any type of caregiver a best practice remains to have those individuals being held responsible for the care of at-risk populations (our kids, our elders, the handicapped and others) be properly background checked prior to having contact with such individuals.

To read more about this subject read recent press release: Background Screening & Caregivers

People Are Still Divided on Whether or Not Volunteers Should be Background Checked

The debate on whether or not volunteers should undergo a background check continues and there are convincing arguments on both sides. Proponents for volunteer background checks say that in order to protect at-risk populations like children they need to be vetted properly to help weed out malfeasant individuals. While on the other side of the aisle people who are against volunteer background checks say that if people who would normally be willing to volunteer for certain positions may opt out of applying for those volunteer positions due to having to undergo a background check. Which means that we would lose a lot of good people that would otherwise be happy to offer their talents as a volunteer.

Every summer thousands of volunteers are required across a broad spectrum of activities. From summer sports to sleep over camp and hundreds of other places, volunteers interact with at risk populations daily and, subsequently, many believe should be thoroughly vetted. Background checks, especially criminal background checks on volunteers some believe should be a critical part of the vetting process and consider this approach a best practice for volunteer organizations.

And yet volunteer checks are often questioned as either unnecessary, inconvenient or too expensive.

Volunteer background checks are often considered an important tool in risk mitigation, one that can help protect at-risk populations and should be treated as a number one priority.

From an op-ed article posted to the Richmond-DailyNews.com (Jun 06, 19) and discussing the pros and cons of volunteer background screening:

The idea is a mixed bag. In some cases, potential volunteers may not like the hassle of government intrusion into their lives, with the result being that some otherwise decent volunteers may not bother. But there are also the rare cases where a background check might reveal a person has an unsavory history that disqualifies that person from being around children. Overall, erring on the side of caution – particularly when considering child safety – suggests background checks may turn away a few good people, but losing them is preferable to giving a pass to even one pedophile. richmond-dailynews.com/opinion/gov-should-require-checks-on-volunteers/article_3a0a6312-8891-11e9-985f-d395ca0ace8a.html

As of today this issue is still being discussed and both sides have not found common ground yet, but the bottom line is that volunteers are very much in demand and nobody wants a good person willing to contribute as a volunteer to be dissuaded to apply for a volunteer position due to the uncomfortability surrounding an impending background check and possibly the inconvenience of the whole process; yet no one wants an unsavory individual to gain access to at-risk populations like children either. There still needs to be some mediation on both sides so good volunteers aren’t scared away and also so the wrong type of individuals applying for volunteer positions never get hired.

To read more about this subject read recent press release found at: Background Checks for Volunteers: An Ongoing Debate; Opines CriminalBackgroundRecords.com

Mixed Bag with New Ban-the-Box Laws

The ban-the-box movement continues across the country but not every State wants it.  Ban-the-box law passes in Colorado but is denied in Maryland.  The Colorado Chance to Compete Act will prohibit employers from asking about criminal history on the job application.  So job applicants will not have to reveal whether or not they have a criminal background record in the initial phase of the hiring process.  However the Governor of Maryland vetoed a similar ban-the-box bill making consistency regarding hiring practices and policies around the country very confusing.

With Ban-the-Box legislation being enacted in Colorado and vetoed in Maryland, the challenges faced by HR Departments and hiring managers is greatly highlighted.  In the age of Ban-the-Box legislation a best practice remains to work with a third-party background screening agency in order to remain current and compliant with law.

In May 2019 the governor of Colorado, Jared Polis signed and enacted a statewide Ban-the-Box law, affecting all private employers.

From JDSupra.com (May 31, 19):

On May 28, 2019, Colorado Governor Jared Polis signed the Colorado Chance to Compete Act (House Bill 19-1025), which will prohibit employers from asking about criminal history on an initial written or electronic application. Colorado employers should immediately assess whether they are covered by the new law and, if so, whether they need to update their employment applications and other pre-hire screening policies.  jdsupra.com/legalnews/colorado-enacts-statewide-ban-the-box-72366/

Whenever a law, such as HB 19-1025 in Colorado, goes into effect all employers, large and small, should review polices and job applications to ensure they are in full compliance with law.  While working with a third-party background screening agency should remain a best practice.

In Maryland efforts to enact Ban-the-Box legislation fell short.  After passing through both state houses the bill was vetoed by Governor Larry Hogan.

From the Washington Post (May 24, 19):

He also vetoed “ban the box” legislation that would have prevented many employers from inquiring about an applicant’s criminal history until after an initial job interview. In his veto letter, the governor said employers have the right to screen applicants’ criminal histories upfront. Advocates say the bill is crucial for former inmates who struggle to find jobs.  washingtonpost.com/local/md-politics/hogan-vetoes-ban-the-box-legislation-bill-to-abolish-handgun-permit-review-board/2019/05/24/

It is critically important for employers all across the country to review all new laws that affect the employment screening process.  Since ban-the-box laws are not consistent throughout the USA it is important for employers to find out any new laws that change how they can go about the hiring process; especially when and where you can perform criminal background checks during that process.

Because ban-the-box laws that have been passed are not identical it is important to know which of these laws effect how employers can vet their job candidates in their State or Jurisdiction.  Additionally because the State of Maryland prohibited this kind of law it will not affect employers in that State.  To help employers clear up the confusion it is recommended to work with a professional employment screening company; one that is familiar with the laws relevant to employment screening practices and policy in order to assist with compliance issues.

To read more about the new ban-the-box law in Colorado and why Maryland vetoed its ban-the-box bill and why inconsistencies in hiring policies around the country are so confusing for employers read recent CriminalBackgroundRecords.com press release: Ban-the-Box Enacted In Colorado; Vetoed in Maryland – On-going Change Affecting Hiring Managers