Jason Prussman
Senior Counsel, ADP Screening & Selection Services and I-9 Compliance Services
“An increasing number of states and local jurisdictions have passed so-called “Ban the Box” or “Fair Chance” laws which limit when and sometimes how employers can screen a candidate.”
Prudent employers want to make sure the candidates they hire won’t negatively impact their business or existing employees. That means criminal history checks have become an almost universally accepted hiring practice.
There are few, if any, laws restrict whether employers can screen a candidate’s criminal history. But an increasing number of states and local jurisdictions have passed so-called “Ban the Box” or “Fair Chance” laws which limit when and sometimes how employers can screen a candidate.
Generally speaking, Ban the Box laws mean employers have to wait until a candidate has been interviewed and/or made a conditional offer before inquiring into his or her criminal history.
Additionally, Fair Chance laws have incorporated existing guidance by the Equal Employment Opportunity Commission that makes sure employers assess the relevance of a candidate’s criminal history before disqualification.
These laws, which are becoming more common, will continue to affect the many facets of hiring and employment. In fact, according to the National Employment Law Project (NELP), nearly two-thirds of the United States population already lives in a jurisdiction with some form of Ban the Box law.
Employers should consult with counsel to review their recruiting practices and policies and make sure they remain compliant.