For over 20 years Ban-the-Box legislation has been sweeping across the USA. However, over time these such laws need to be reviewed and must evolve in order to ensure they are achieving what they are meant for. This of course is to help previously incarcerated and/or those with a criminal background record have a better chance at getting employed. Not all ban-the-box laws are the same and not enough research has been done to prove that these laws help out those with criminal records at all.
As of this publication more than 35 states now have a form of Ban-the-Box legislation. And many cities and counties have acted as well. Every day there is potential for new ban-the-box legislation and hiring managers/HR departments should strive to stay current with all changes to law.
Form NELP.org (July 1, 2019)
Nationwide, 35 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. … 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/
What many hiring managers and HR Departments may not realize is that Ban-the-Box laws have a tendency to change or evolve. Over time flaws or shortcomings can be discovered and changes need to be made to ensure the law is as effective as possible.
It is also incumbent on the government to conduct research on whether or not ban-the-box laws are actually helping previously incarcerated or those with a criminal background record get a better chance at getting employed. Without such statistics there will be no way to know if such laws are helping minorities and those with a criminal record, and some suggest it may actually be worse for such individuals. There would be no point for having these laws if they are making it worse for minorities and those with a criminal record to find gainful employment.
The use of public records, such as criminal history reports, is strictly regulated and fines and penalties for the misuse or inappropriate use of such records can be significant. Staying compliant with law is critical for all companies and organizations.
Laws governing pre-employment background screening change on a frequent basis and these changes can impact a business. Working with a well-qualified third-party pre-employment background screening agency, in order to remain current with existing and pending law, remains a best practice.
As the use of criminal reports in the hiring process is under scrutiny due to ban-ban-box legislation it is compulsory that employers follow such laws and in order to that employers need to be aware of these laws and when it is appropriate in the vetting process to conduct a criminal background check.
Read more about this subject read recent press release: Working with Background Screening Agencies Remains Best Practice as Ban-the-Box Laws Continue to Change & Evolve