Just recently the City of New Orleans passed an ordinance preventing city contractors from asking about potential new hires criminal history on their job applications.  This new “Ban-the-Box” legislation adds the city to the growing list of jurisdictions currently having such laws.

The reasoning for adding ban-the-box laws is to give potential hires the opportunity to get the job based off of their skills and experience instead of immediately disqualifying them due to a criminal record.

Removing the box on a job application that asks about a person’s criminal history gives them a better chance at being considered for a job.  Ban-the-box laws like the one just recently adopted by the City of New Orleans relates to the use of criminal background records as part of the employment application process.

Typically applications include the “Box” to check if the applicant had a criminal past.  Just by checking this box is it suggested that many applicants make it no further in the process.

From the National Employment Law Project (Sep 25, 18):

Nationwide, 33 states and over 150 cities and counties have adopted what is widely known as “ban the box” so that employers consider a job candidate’s qualifications first—without the stigma of a conviction or arrest record. Borne out of the work of All of Us or None, these initiatives provide applicants a fair chance at employment by removing the conviction history question from job applications and delaying background checks until later in the hiring process.  _{nelp.org/publication/ban-the-box-fair-chance-hiring-state-and-local-guide/}

Background checks can still be conducted but the process is delayed in the hiring process.

In a similar move Duke University has joined other Universities and New Orleans in “Banning-the-box.”

From DukeChronicle.com (Nov 01, 18):

By “banning the box”—and therefore no longer requiring applicants to disclose their criminal records when initially applying—Duke follows a number of similar policies adopted at other colleges.

The move came after other university systems such as the State University of New York system and the University of California system banned the box for all job applicants in September 2016 and July 2017, respectively. Louisiana and Maryland have also instituted statewide bans disallowing colleges from asking about crimes during the application process, and the Common Application is set to follow suit for next year’s college application season.  _{dukechronicle.com/article/2018/11/dukes-move-to-ban-the-box-follows-trend-established-by-other-states-universities}

Although recently passed ban-the-box legislation by another city and another University doesn’t necessarily eliminate the use of a criminal background check in the employment screening or applicant screening process it certainly would delay it until for instance an initial offer was made.  Meaning that at some point background screening reports will still be used and it is still a best practice for Universities and cities to make sure when they are vetting new students and employees that they are using a well-qualified professional third-party background screening agency to do it.

To read more about this subject read recent press release found here: NOLO & Duke Join Growing List of Cities & Universities “Banning-the-box” on Employment & Academic Applications