As the USA has recently experienced a sustained period of low unemployment rates the question remains, is this helping formerly incarcerated individuals find gainful employment?  The answer is both yes and no depending on the source.  The combination of low unemployment rates and ban-the-box laws appear to be having an effect on potential employment with those with a criminal background record.

Currently there does not seem to be enough evidence that ban-the-box laws are actually working, however these laws combined with sustained low employment rates do appear to be effective.  With less and less available workers in the USA companies with open positions cannot be as selective as before and some of them are taking serious looks at people with previous criminal records.

As of the posting of this blog the United States has been experiencing a sustained period of very low unemployment rates.  Across the country employers are desperately seeking employees and often times struggle to fill positions.

Concurrently, Ban-the-Box laws have become increasingly popular in order to assist formerly incarcerated individuals in finding gainful employment.

Employers should remain fully aware of all laws pertaining to the hiring process, especially Ban-the-Box laws.  These laws can vary from jurisdiction to jurisdiction, and a best practice continues to be to work with a well-qualified third-part pre-employment background screening agency.

Even with low unemployment numbers in the USA there is still a segment of the population that continues to struggle.

From TurnTo10.com (Aug 10, 18):

With the largest prison population in the world, the United States has a generally unacknowledged unemployment crisis that is not only devastating individuals and their families but taking a toll on the economy.

In the last quarter, the U.S. economy grew at a pace of 4.1 percent. July marked the 94th month of continuous job growth and saw more people returning to the labor force after dropping out. But for the millions of prime working-age adults who have a criminal conviction, the economic picture has been anything but rosy.  _{turnto10.com/news/nation-world/unemployment-crisis-for-ex-inmates-drags-on-the-economy-amid-push-for-prison-reform}

Ultimately hiring managers should continue to be stringent in proper background screening of all perspective employees and must do so in a fair and equal standing, as well as in full compliance with existing law.  Ban-the-Box laws continue to appear across the country and hiring managers should be very aware of all changes in laws that govern hiring.

Although the economic picture for adults with criminal records may in some estimation appear anything but rosy, there certainly are instances of hope.  In New Jersey a potential turnaround in unemployment for ex-cons may be occurring.

According to a recent article posted to NJTVOnline.com (Aug 10, 18) programs designed to assist in gaining employment for former offenders are finding recent success.

Most of the jobs are low wage, entry level positions. But those who have studied post-prison unemployment for years says there is a turnaround in the state.

“I don’t know if it’s attributable to the Ban the Box legislation. I’ve seen it very recently because the unemployment rate is so low,” said Reentry Coalition of New Jersey Executive Director Kevin McHugh. “I’ve been getting calls from human resources departments, employers asking me for help in connecting them with our program people to get them offenders for jobs. That’s just amazing.”  _{www.njtvonline.org/news/video/has-ban-the-box-legislation-reduced-unemployment-for-former-inmates/}

With so many people in the USA that have paid for their offenses it is imperative that they be given a chance at getting hired for a decent job and thus can contribute to the overall economic health of the nation, and more importantly to help aid in the prevention of recidivism.  It is clear that the combination of sustained low unemployment with ban-the-box laws is undoubtedly aiding in the accomplishment of this goal.

To read more about this subject read recent press release found at:  Ban The Box Laws in Low Employment Economy: Are They Helping Ex-Cons Find Employment?

Current headlines highlight the continuation of caregiver abuse in the USA.  Children and the elderly are considered at-risk populations that need to be protected and under the care of good people not malfeasant individuals.

From daycare facilities to at home care the opportunity for abuse remains.  This is why all caregivers prior to given unsupervised access to children and the elderly must pass a thorough background screening that includes a criminal background check, sex offender registry search and verifications as well as proper reference checks.

Managing risk is the central precept of background screening.  The ability to mitigate risk through careful and lawful use of public records such as criminal background records as well as thorough verification of references is of critical importance to those utilizing background checks for caregivers.

In Indiana horrific details emerged as a daycare facility allegedly allowed a 1-year-old child to be beaten and severely injured.  During the course of an investigation several significant violations were discovered.

From MSNnewsnow.com (May 04, 18):

Violations included: no drug screen completed for caregiver, no consent form submitted for caregiver, no fingerprinting for national background check. Violations also included: unqualified caregiver present, two lack of supervision violations and child abuse not immediately reported by caregiver. As a result, the location was shut down.  msnewsnow.com/story/38112300/daycare-shuts-down-after-1-year-old-beaten

A professional pre-employment background check, one with a complete drug screen, background checks, verifications, reference checks and a compliant consent documentation, may help deter malfeasant individuals from gaining access to at-risk individuals like the children and elderly.

In the USA today it still remains a best practice to fully vet all caregivers, family or professional using a well-qualified third-party background screening agency, one that remains fully compliant with law and has the capability to draw information from public records and can complete thorough reference verifications and aid in confirming the accuracy of caregiver job applications.

To read more about this subject read recent press release: Caregiver Abuse Remains in the Headlines

The use of public records such as criminal background records in the hiring process or rental process are regulated by certain entities and specific rules apply to when and how they can be used.  Additionally, employment screening utilizing employment background checks like criminal background checks are not just regulated by a number of agencies including the Equal Employment Opportunity Commission (EEOC) and Fair Credit Reporting Act (FCRA) but are also enforced meaning these agencies can sue companies that violate applicable law.

These kinds of lawsuits can be very expensive for any company and may be avoidable by partnering with a professional well-qualified background screening agency, one that understands that the actual screening process can be very complicated and requires a number of steps that are regulated by law.  Having a legally compliant hiring process can help thwart lawsuits and protect a company from financial risk.

Every year in the USA lawsuits involving action by the EEOC and based upon the FCRA come to trial.  Regardless of the result of a court trial, litigation is a costly expenditure for a company.  This cost could be even greater if the company loses the lawsuit.

The cost of litigation is expensive and, in some cases, may be avoidable.  It still remains a best practice for employers to work with a well-qualified third-party background screening agency to remain fully compliant with existing laws governing employment screening and the overall hiring process.  Decisions related to hiring, promoting or reassigning should be backed by compliant employment background checks that abide by current laws including, Federal, State and Local laws as well as remaining compliant with regulations enforced by the EEOC and FCRA.

To read more about this subject read recent press release found here: EEOC and FCRA Lawsuits Can Be Costly & Might Be Avoidable

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

A recent move by Attorney General Sessions denotes a significant change in direction for the federal government in regards to sentencing of drug offenders.  The Attorney General reinforced the need for prosecutors to seek maximum sentences on drug offenders and such a move could alter the use of criminal histories in the employment screening arena.  However, many oppose this initiative and believe it is a step in the wrong direction as it would bring back the failed drug war policies of the 1980’s.  Additionally according to the NPR.org site quoting Michael Collin, deputy director at the Drug Policy Alliance stated that “This is a disastrous move that will increase the prison population, exacerbate racial disparities in the criminal justice system, and do nothing to reduce drug use or increase public safety”.

It appears that the Trump agenda is to crack down hard on drug offenders which is a big difference than the more lenient Obama era’s approach which moved away from previous statutes with mandatory minimum sentencing laws.  The Obama administration took this approach as advocates say those strict drug offense statutes were used disproportionally against minorities and led to massive overcrowding of prisons.

It is clear how quickly change can occur when a new administration takes over the Executive Branch of the government.  If the Judicial Branch starts handing down maximum drug sentences than this could affect pre-employment background screening as low level offenders which may have been previously acceptable to employers now may not be with the same type of candidates with maximum sentences showing up on their rap sheet.

With the return to maximum sentences for drug offenses there may be a reaction down the road similar to ban-the-box. Ultimately policy will change and a best practice as a hiring manager is to work with a well-qualified third-party pre-employment background screening company.

Anyhow, the recent move by the Attorney General should at least cause employers to review and possibly revise their employment screening policies, especially their rejectionable offense lists to determine whether a low level drug offense could or should be grounds for rejection.

To read more about this subject read recent press release found here.

Ban-the-Box legislation has swept across the country in recent years and is now being considered by institutions of higher learning both Colleges and Universities.  As legislated by state and local jurisdictions as well as several private companies “Ban-the-Box” eliminates the question of criminal history on the application and controls when a criminal background check can be conducted.

From TheAtlantic.com (Apr. 29, 16):

(1)   The long-running “Ban the Box” campaign is now gaining ground at colleges and universities. The movement aims to protect job, and now student, applicants from being asked about their criminal histories and was recently bolstered by President Obama, who is taking executive action to ban the practice at federal agencies. Campus officials say the background question helps them learn as much as possible about prospective students and allows them to take steps to keep everyone on campus safe. But opponents say the question—which requires prospective students to check a box if they have criminal histories—is an undue barrier that harms certain groups of students.  theatlantic.com/politics/archive/2016/04/ban-the-box-comes-to-campus/480195/

New York University now will no longer consider every criminal conviction on an applicant’s record regardless of severity as part of their undergraduate admissions process.  Instead the University will use a new set of questions such as has the applicant been convicted of or disciplined for violent incidents.  Additionally research has shown that the question of past criminal history records does not predict future behavior in a significant way.

Also from Gothamist.com (Aug. 02, 16):

(1)   Studies have shown that having the box on college applications doesn’t make campuses any safer, and NYU reached the same conclusion after an internal assessment of its own disciplinary records. “NYU took a look at the NYU disciplinary records of enrolled students who had checked the box against the overall undergraduate NYU population,” Knoll-Finn stated. “We found no meaningful differences in the rates of infractions.”  gothamist.com/2016/08/02/nyu_crime_disclosure_box.php

Changes in background screening have been developing very quickly over the past few years with major changes being seen in the employment screening arena and the tenant screening arena.  It was just a matter of time before Colleges and Universities started to examine their own application process and admissions policies.  Starting with what questions to ask for along with how they evaluate information derived from student applications.  This new trend of admission polices being seriously scrutinized had led to meaningful changes to the standard admission application process.  This new readiness highlights a new area where third party background screening companies can be utilized to assist Colleges and Universities make significant changes to their applicant background screening process.  These background screening companies can assist the institutions of higher learning to develop and conduct applicant background checks that is compliant with all relevant laws and that help students with a criminal past have a shot at bettering their life.

To read more about this subject read recent press release found here: http://www.criminalbackgroundrecords.com/news/2016-8-24-Ban-the-Box-Type-Policies-May-Impact-Public-and-Private-Institutions-of-Higher-Learning-Admission-Policies.html

As laws change regarding the legal and lawful use of criminal history checks in the pre-employment background screening process compliance becomes an issue.  As ban-the-box legislation continues to spread across the country companies and organizations need to make sure their employment screening policies are compliant with all relevant laws.  As ban-the-box legislation gets adopted by cities, counties and states it is important now more than ever that companies and organizations use a professional third party background screening company to help them remain compliant and insuring they are in good standing with the FCRA.

New laws like ban-the box which makes employers remove the question asking the applicant if they have a criminal record can cause confusion with companies and organizations.  This confusion however can be avoided by utilizing a professional national background screening company to conduct the criminal background checks on their behalf.

Criminal checks even under ban-the-box can still be performed by companies and organizations prior to employment.  However, they have to wait until a conditional offer is made before checking if the job applicant has a criminal history.

The Equal Employment Opportunity Commission (EEOC) is tasked with enforcing discrimination laws and seeks legal action against companies and organizations that maintain discriminatory hiring practices.  The EEOC and ban-the-box legislation are trying to ensure an even playing field for all job applicants even those with a criminal past.  Recent legislation across the country aims to create a fair and equal entry to employment.

In the current employment screening climate employers should work with third party background screening companies to help them become or remain compliant with federal, state and local laws governing the use of criminal records, consumer reports and/or public records.

To read more about this subject read recent press release found  here.

The University of Washington recently made changes to their new student application process. They added questions asking if the applicant has had a violent criminal history or are registered sex offenders. The University will not automatically deny enrollment to any applicant that reveals this information to them, instead the application gets forwarded to a special committee for additional review. Other education institutions in the USA also ask questions during the student application process regarding criminal history and sex offender status. With the EEOC and ‘Ban the Box’ legislation going on in the country today it makes more and more sense for educational institutions to work with a professional third party background screening company to help keep their application process compliant with current law and trends. To read more about this subject read recent press release found at: http://www.criminalbackgroundrecords.com/news/2013-9-10-College-Applications-Include-Criminal-History-and-Sex-Offender-Questions.html