The ban-the-box movement continues across the country but not every State wants it. Ban-the-box law passes in Colorado but is denied in Maryland. The Colorado Chance to Compete Act will prohibit employers from asking about criminal history on the job application. So job applicants will not have to reveal whether or not they have a criminal background record in the initial phase of the hiring process. However the Governor of Maryland vetoed a similar ban-the-box bill making consistency regarding hiring practices and policies around the country very confusing.
With Ban-the-Box legislation being enacted in Colorado and vetoed in Maryland, the challenges faced by HR Departments and hiring managers is greatly highlighted. In the age of Ban-the-Box legislation a best practice remains to work with a third-party background screening agency in order to remain current and compliant with law.
In May 2019 the governor of Colorado, Jared Polis signed and enacted a statewide Ban-the-Box law, affecting all private employers.
From JDSupra.com (May 31, 19):
On May 28, 2019, Colorado Governor Jared Polis signed the Colorado Chance to Compete Act (House Bill 19-1025), which will prohibit employers from asking about criminal history on an initial written or electronic application. Colorado employers should immediately assess whether they are covered by the new law and, if so, whether they need to update their employment applications and other pre-hire screening policies. jdsupra.com/legalnews/colorado-enacts-statewide-ban-the-box-72366/
Whenever a law, such as HB 19-1025 in Colorado, goes into effect all employers, large and small, should review polices and job applications to ensure they are in full compliance with law. While working with a third-party background screening agency should remain a best practice.
In Maryland efforts to enact Ban-the-Box legislation fell short. After passing through both state houses the bill was vetoed by Governor Larry Hogan.
From the Washington Post (May 24, 19):
He also vetoed “ban the box” legislation that would have prevented many employers from inquiring about an applicant’s criminal history until after an initial job interview. In his veto letter, the governor said employers have the right to screen applicants’ criminal histories upfront. Advocates say the bill is crucial for former inmates who struggle to find jobs. washingtonpost.com/local/md-politics/hogan-vetoes-ban-the-box-legislation-bill-to-abolish-handgun-permit-review-board/2019/05/24/
It is critically important for employers all across the country to review all new laws that affect the employment screening process. Since ban-the-box laws are not consistent throughout the USA it is important for employers to find out any new laws that change how they can go about the hiring process; especially when and where you can perform criminal background checks during that process.
Because ban-the-box laws that have been passed are not identical it is important to know which of these laws effect how employers can vet their job candidates in their State or Jurisdiction. Additionally because the State of Maryland prohibited this kind of law it will not affect employers in that State. To help employers clear up the confusion it is recommended to work with a professional employment screening company; one that is familiar with the laws relevant to employment screening practices and policy in order to assist with compliance issues.
To read more about the new ban-the-box law in Colorado and why Maryland vetoed its ban-the-box bill and why inconsistencies in hiring policies around the country are so confusing for employers read recent CriminalBackgroundRecords.com press release: Ban-the-Box Enacted In Colorado; Vetoed in Maryland – On-going Change Affecting Hiring Managers