• Invite Us to Your Next Bid
  • Log In
  • Contact Sales
  • 1.800.790.1205
  • SUPPORT
  • Home
  • Background Checks
  • Solutions
    • Screening Services
      • Criminal Background Checks
      • Identity Check Solutions
      • Sanctions and Compliance
      • Motor Vehicle Record Services
      • Verification Services
      • Drug & Health Screening
      • I-9 & E-Verify
      • Candidate Experience & E-Application
      • Extended Workforce Screening
      • Global Screening
      • Additional Services
    • Industries
      • Education
      • Energy & Utilities
      • Government
      • Financial Services
      • Health Care
      • Non-Profit & Volunteer
      • Staffing
      • Retail
      • Sharing Economy
      • Transportation
    • Platforms By Name
      • GlobalHiRe
      • GHRR Group Connect
      • SwiftHire
      • GHRR On-Boarding Solutions
      • GHRR Transportation Solution
      • Vendor Screening Solution
  • Why GHRR
  • Resources
    • Background Screening
      • FCRA Compliance
      • Employment Law
      • Form Downloads
    • News & Events
      • Events & Webinars
      • GHRR Blog
      • GHRR Newsletter
      • Case Studies and Testimonials
      • Press Releases
  • Blog
  • About Us
    • About GHRR
      • Overview
      • Leadership Team
      • Fact Sheet
    • Careers
      • Overview
      • Current Opportunities
    • Contact GHRR
      • Contact Sales
      • Request A Demo
      • Applicant / Consumer
    • News & Events
      • Events & Webinars
      • GHRR Blog
      • GHRR Newsletter
      • Case Studies and Testimonials
      • Press Releases
Menu
  • Home
  • Background Checks
  • Solutions
    • Screening Services

      • Criminal Background Checks
      • Identity Check Solutions
      • Sanctions and Compliance
      • Motor Vehicle Record Services
      • Verification Services
      • Drug & Health Screening
      • I-9 & E-Verify
      • Candidate Experience & E-Application
      • Extended Workforce Screening
      • Global Screening
      • Additional Services

      Industries

      • Education
      • Energy & Utilities
      • Government
      • Financial Services
      • Health Care
      • Non-Profit & Volunteer
      • Staffing
      • Retail
      • Sharing Economy
      • Transportation

      Platforms by Name

      • GlobalHiRe
      • GHRR Group Connect
      • GlobalHiRe Mobile
      • GHRR On-Boarding Solutions
      • GHRR Transportation Solution
      • Vendor Screening Solution
      Partners
      contact sales request demo
    • Close
  • Why GHRR
  • Resources
    • Global HR Research provides FCRA compliance information and online templates of all letters and forms necessary to maintain compliance with FCRA employment background screening requirements.

      We will help you reach all of your short and long-term business objectives. As your partner, we will grow and change by your side, while helping to take your business to that next level you are striving for.

      Background Screening

      • FCRA Compliance
      • Employment Law

      News & Events

      • Webinars
      • GHRR Blog
      • Resources
      • Press Releases
      contact sales request demo
    • Close
  • Blog
  • About Us
    • We understand that there are a lot of choices when it comes to background screening, and for that reason, we continually strive to add smart technology and advanced solutions to our product portfolio combined with an industry leading client support team.

      Companies choose GHRR because we are a different kind of company. Simply put, we save you time, we save you money and we help you make the right investment in your most prized asset, your employees.

      About GHRR

      • Overview
      • Leadership Team
      • Fact Sheet

      Contact GHRR

      • Contact Sales
      • Request A Demo
      • Applicant / Consumer

      Careers

      • Overview
      • Current Opportunities

      News & Events

      • Webinars
      • GHRR Blog
      • Resources
      • Press Releases
      contact sales request demo
    • Close

Blog


Home/Legal Updates/Four Things to Know about “Ban the Box” Restrictions: A nationwide trend creates new legal exposure for employers researching a candidate’s criminal history

Dec 07

2020

Four Things to Know about “Ban the Box” Restrictions: A nationwide trend creates new legal exposure for employers researching a candidate’s criminal history

Four Things to Know about “Ban the Box” Restrictions: A nationwide trend creates new legal exposure for employers researching a candidate’s criminal history

“Ban the Box” is a fast-growing nationwide movement that seeks to protect job applicants who have criminal records by eliminating any inquiry into such histories on initial job applications. As of 2019, 35 states and more than 150 cities and counties had adopted ban-the-box laws, according to the National Employment Law Project.

At the federal level, ban-the-box initiatives enjoy a level of bipartisan support that is, at least at present, highly unusual.

In early 2019, the House Committee on Oversight and Reform held a hearing to review a broad measure, the Fair Chance to Compete for Jobs Act, that proposed extending the policy to federal employers and contractors. (The Act included important exceptions for national security and other positions for which criminal history information is required by law.) The committee noted that companies such as Walmart, Koch Industries, Target, and Home Depot had already implemented such policies.

During the hearing, which centered on the testimony of panelists from the US Senate, the bill was endorsed by such disparate political figures as Wisconsin Republican Senator Ron Johnson and New Jersey Democratic Senator Corey Booker. As the committee concluded, “‘Ban the Box’ legislation has been adopted in red and blue states across the country—a rare sign of agreement on an issue that transcends partisan politics.”

Given this emergent reality, employers are advised to internalize some key principles when navigating these restrictions:

• Take note that these strictures include interplay of the adverse action and individual assessments protocols discussed here and here.
• Employers may still inquire about criminal convictions, but the Equal Employment Opportunity Commission asks that such questions be deferred until after an offer of employment has been made.
• There are at least two reasons for employers to make the inquiry, even if a comprehensive background check has revealed nothing:

o First, screeners are typically allowed to report only on convictions that are no more than seven years old. Asking can help get around that limitation.
o Second, posing the question can help weed out dishonest respondents. At least one federal court has deemed candidate lies grounds for withholding employment or promotion.

• Employers must still be alert to state and local notification rules, even if the information in question is not from a background check. For example, New York City and Los Angeles require employers to download city-specific forms and give full reports to denied candidates. Other jurisdictions—from Waterloo, Iowa, to Montgomery County, Maryland—have also imposed their own protocols.

In sum, an abundance of caution is in order. Removing the criminal-history box from application forms in all jurisdictions is the safest route. And with rare exceptions, it’s wise to wait to make criminal-history inquiries until after an offer has been made.

  • SHARE

Stay Connnected

Categories

  • Assessments
  • Background Screening
  • Blog
  • Drug Testing / Occupational Health
  • Drug Testing/ Occupational Health
  • Events & Conferences
  • Global Cares
  • Industry News
  • Legal Updates
  • News & Awards
  • Onboarding
  • Press Releases
  • Talent Assessment
  • Talent Screening
  • Uncategorized
  • Webinars & Events
Contact GHRR
  • 9530 Marketplace Road Suite 301
    Fort Myers, FL 33912

  • 1.800.790.1205

  • contactus@ghrr.com

Global HR Research
  • Background Checks
  • Solutions
  • Why GHRR
  • Resources
  • Blog
  • About Us
  • Employment Opportunities
  • Contact Us
  • Privacy Policy
  • Join A Meeting
  • PSC Locator
Stay Connnected
Sign Up for Email Updates?

Receive the latest in news and industry updates.

 

©2020 Global HR Research All rights reserved. | Accessibility Statement