Maine is set to enact a Ban the Box law that will greatly affect employers in that state, joining numerous jurisdictions across the country that have similar laws governing pre-employment background screening already in place. Ban the Box laws continue to spread across the country and existing laws are consistently changing, and hiring managers and HR Departments should take immediate note, continuing a best practice of working with a well-qualified third-party pre-employment background screening agency in order to remain compliant with evolving law.
Many states across the country have enacted “Ban the Box” laws governing the legal and lawful use of criminal history reports, as well as when criminal background records can be utilized as part of the hiring process, and these laws continue to evolve and change. Ban the Box laws will continue to change over time and employers must remain vigilant in ensuring all hiring policies are current and compliant by working closely with a pre-employment background screening agency.
Laws governing the use of criminal histories and when and where such a history can be reviewed by an employer continue to evolve and change. With each iteration these laws become more powerful and stringent.
From Lexology.com on August 16, 2021:
Over the last ten years, a flurry of “ban-the-box” laws have been enacted, on the state and local level. Such laws are now being passed at the federal level. In response, many employers reevaluated how they used criminal history screens and background checks in hiring. Now, lawmakers in several jurisdictions—like New York City, Philadelphia, and Illinois—are expanding existing laws, imposing new, more stringent requirements on employers. As a second wave of “fair chance” legislation starts to form, lawsuits related to criminal history screens and background checks have also intensified. The shifting legal landscape and growing risks of litigation present challenges for organizations large and small. Prudent employers will take this opportunity to review existing practices and build a compliant, flexible system for hiring new talent. www.lexology.com/library/detail.aspx?g=bbdcd487-477c-441a-9c14-fdbdf1d22c25
It’s very simple. Ban the Box laws will continue to expand and change, and every time this occurs employers should review hiring policies to ensure compliance with all laws governing the question of criminal history, as well as the appropriate use of criminal history reports. Subsequently, a best practice remains to work with a well-qualified third-party pre-employment background agency to remain compliant.