It is clear that at this point in time ban-the-box laws are not going away as new related laws get passed and existing laws get amended. Hiring managers and employers need to review new and existing ban-the-box laws that fall within their jurisdiction and such laws certainly will affect employment screening policies going forward.

Pennsylvania recently updated Ban the Box laws, further restricting employers use of public records, and represents just one of many challenges employers face in maintaining current and compliant hiring policies. Working with a well-qualified third-party pre-employment background agency remains a best practice in staying current with rapidly changing Ban the Box legislation.

Changes to current employment and Ban the Box laws in Pennsylvania highlight how these laws can evolve and potentially create confusion for hiring managers and HR Departments.

From the National Law Review on April 9, 2021:

Changes to Philadelphia law will further restrict employers’ use and reliance on applicant, current employee, and independent contractor background information and affect the employee application and employee management process. ^{natlawreview.com/article/philadelphia-enacts-key-changes-to-ban-box-credit-screening-ordinances}

One of the more interesting changes to the law relates to current employees.

Again, from the National Law Review on April 9, 2021:

Bill No. 200479 amends the FCRSS to make it applicable not only to the application or transfer process, but to the use of any current employee criminal histories. The law’s restrictions and procedural requirements now apply also to current employees, as well as applicants in Philadelphia. Moreover, independent contractors and gig workers are afforded the same protections as full-time or part-time employees or applicants. ^ibid.

Even though some Ban the Box laws can be challenged based on legality and/or jurisdiction it is important to note their legitimacy and for employers it is important to abide by these laws when it comes to the use of criminal background checks in the hiring process. When and where an employer or hiring manager can perform a criminal background record check in the employment screening process must be understood and partnering with a professional employment screening company is always a best practice.

To read more about this subject read recent press release found at: Change to Ban the Box Laws Can Lead to Confusion for Hiring Managers and HR Departments