With COVID-19 consuming the news and most media outlets its time to visit where we are with the Ban-the-Box movement midway through the year. When it comes to vetting potential employees for positions within companies and organizations it is important to know if Ban-the-Box laws affects how you can use criminal report information in the hiring process.

In the world of pre-employment background screening new Ban-the-Box laws dominated headlines, but with the outbreak of Covid 19, Ban-the-Box has taken a bit of a backseat. But laws continue to change anyway.

In 1998 Hawaii became the first state to ban-the-box, a law that essentially “bans” the question of criminal history on an employment application. Since that first law multiple states and municipalities have followed suit. With every passing year ban-the-box laws are enacted with the goal of assisting those with criminal background records in attaining gainful employment.

Ban-the-box laws are often complex and may cover every detail.

In recent months several jurisdictions have moved to close loopholes in respective ban-the-box laws or modify the law in general in order to cover a broader cross section of individuals seeking employment.

In Minnesota, one of the first states to follow Hawaii with ban-the-box legislation, is working on updating their law and close a loophole that still required the criminal history on some state boards and commissions.

From MinnPost.com on June 16, 2020:

In recent years, even as Minnesota was considered a pioneer in ending the practice of asking job seekers about their criminal histories, it somehow was still posing the question to applicants for one class of job: appointments to state boards and commissions. ^{minnpost.com/state-government/2020/06/special-session-gives-lawmakers-second-shot-at-eliminating-minnesotas-ban-the-box-loophole/}

As Minnesota aims to achieve an all-encompassing Ban-the-Box law other States and Jurisdictions are working on their own versions of the law. Also in Congress Representative David Trone is working on a Ban-the-Box bill that would be a Federal law effecting the whole country. Amongst all this commotion with such laws in this country and all the possible changes that could happen it is still a best bet for employers to partner with a professional employment screening agency to help ensure their employee vetting process is compliant with all relevant law effecting the hiring process and when if ever in that process they can use a person’s criminal background record as part of their decision making process.

To read more about this subject read recent press release: Mid-Year Check In on Ban-the-Box