In the USA today there are still new cities or States considering or enacting new laws governing the use of criminal background records in employment screening or tenant screening. The Equal Employment Opportunity Commission otherwise known as the EEOC released guidelines in 2012 on the lawful use of criminal background reports in the employment screening process. Additionally the so called “ban-the-box” laws have been adopted all over the country making employers remove the box on their job application form that asks the applicant if they have a criminal record.
However, the actions of the EEOC and changes in legislation regarding the ban-the-box movement have created considerable confusion with many employers over the actual fair, legal, and lawful use of criminal history reports in the employment screening process. Also the legalization of marijuana in some States further complicates the hiring process in many areas of the USA.
Whenever a city or state passes any form of legislation governing background screening employers should take immediate notice and review and possibly change any existing employment screening practices. The actions of the EEOC and the enforcement of ban-the-box policy could be detrimental to an employer should they fall out of compliance. It is in these instances when partnering with a third party background screening agency becomes a wise decision for any employer in the country.
Just a short time ago in Washington and Idaho legislators have either enacted new laws or are attempting to engage new laws governing the use of criminal history reports
In the state of Washington the question of Criminal History has been put to a vote and the state House of Representatives passed a measure restricting the use of the criminal history question.
From The Chronicle; www.chronline.com (Jan. 08, 18):
A bill prohibiting the criminal history question on job applications passed the Washington state House of Representatives with a 52-46 vote.
HB 1298 was passed with votes along party lines on Feb. 7 with Republicans largely against it. chronline.com/business/proposed-bill-would-prohibit-criminal-history-question-on-job-applications/article_2ed0c4f8-103a-11e8-bb25-b37d22305500.html
Removing the question of criminal history is designed to improve the chances of employment within various protected classes. Studies suggest that to alleviate the challenges of recidivism gainful employment is an obvious and important step.
In the state of Idaho the question of criminal history has also come up and some legislators are looking to take action.
From www.idahostatesmen.com (Feb 12, 18):
About 95 percent of people in prison will re-enter society at some point.
“These people who have or will enter their communities need gainful employment to build stability and to find success after incarceration,” Sen. Cherie Buckner-Webb, D-Boise, told the Legislature’s Senate Judiciary and Rules Committee on Monday.
For most ex-offenders, the first step to rebuilding their lives is getting a job, which means filling out employment applications. idahostatesman.com/news/politics-government/state-politics/article199752454.html
For many helping ex-cons reentering free society get a decent job is believed to be a better course of action for the country and would have the benefits of helping overall economic growth and stability while aiding in the prevention of recidivism. The other argument is the employer’s side which many of whom believe hiring previous criminal offenders could potentially create risks to their current employees and even the company itself. At this point more studies need to be made to determine if efforts like ban-the-box really do help those with a criminal past achieve gainful employment, and if those with a criminal past would relapse when they have a full time job.
To read more about this subject read recent press release found here: Criminal History Reports in the News