“Ban the Box” laws are designed to promote fair hiring by prohibiting employers from asking about criminal history on initial job applications. These laws aim to shift the focus toward applicants’ qualifications, ensuring those with criminal records are not automatically disqualified before having a chance to prove their skills. In many cases, criminal background checks can only be performed after a conditional job offer is made, allowing candidates to compete more fairly for employment opportunities
In 2023, Over 37 United States and over 150 US cities and counties have adopted some version of these laws. For private employers, 15 states—such as California, Illinois, and Washington—enforce specific regulations that delay background inquiries. In other areas, restrictions may apply only to public-sector jobs or within certain jurisdictions like New York City or Philadelphia
Compliance with “Ban the Box” laws can vary widely depending on the state, county, or municipality. Therefore, HR professionals must remain up to date on the specific rules that apply to their organization’s location. Some cities and counties have stricter ordinances than their state counterparts, further complicating compliance efforts
Employers are encouraged to consult legal counsel and regularly review hiring processes to ensure they meet all local and state regulations. Staying informed helps maintain legal compliance while supporting fair hiring practices and reducing potential discrimination
In 2023, a California Court heard claims of harm made against many applicants because of a supermarket used convictions not directly related to their job requirements.
Has your staff updated your government regulations to be current?
Disclaimer:
BestHire, LLC is not a legal professional. This information serves as a general overview and should not be taken as legal advice. If you face an adverse action based on your credit report, consulting an attorney specializing in consumer law is highly recommended. #
Jun 2024