Maine becomes the latest state to enact Ban-the-Box legislation laws which are designed to reduce discrimination in the hiring process as well as designate when the question of a criminal history can be asked, or if it can be asked at all.

Ban-the-Box laws continue to get enacted across the country and with every new law Hiring Managers and HR Departments should be reminded to ensure all hiring policies are current by working with a well-qualified third-party pre-employment background screening agency.

Advocates of Maine’s new Ban-the-Box law state the law will protect vulnerable populations from potential discrimination.

From the Maine Center for Economic Policy, on September 1, 2021:

Maine joined 14 other states in enacting protections for job applicants with a history of arrest or incarceration (LD 1167). These “ban the box” laws prohibit employers from asking about criminal history on a job application … The practice of running criminal background checks on job applications has been shown to disproportionately impact people of color, who are more likely to be unfairly arrested than white Mainers. ^{jdsupra.com/legalnews/maine-s-new-ban-the-box-law-when-can-6722814/}

Maine’s Ban-the-Box legislation goes into effect on October 18, 2021. The new law will significantly impact hiring of new employees and how background screening is managed.

From JDSupra.com on September 3, 2021:

The new law prohibits an employer from requesting “criminal history record information” from an applicant on the employer’s initial employment application. Criminal history record information is defined broadly and includes, among other things, arrests, detentions, indictments, sentencing, involuntary commitments, and criminal dispositions.

An employer may, however, inquire about an applicant’s criminal history record information, including through background checks, during an interview, or after the employer has determined that the applicant is otherwise qualified for the job. ^{mecep.org/blog/progress-for-maine-workers-in-the-first-part-of-the-130th-legislature/}

In the end employers should take great care in hiring new employees and in the vetting process as a whole. Being aware of and understanding the laws that govern public records, such as Criminal History Reports, is paramount.

To read more about this subject read recent press release: Ban-the-Box Train Keeps Rollin and Will Keep Rollin