For over 20 years Ban-the-Box legislation has been sweeping across the USA. However, over time these such laws need to be reviewed and must evolve in order to ensure they are achieving what they are meant for. This of course is to help previously incarcerated and/or those with a criminal background record have a better chance at getting employed. Not all ban-the-box laws are the same and not enough research has been done to prove that these laws help out those with criminal records at all.
As of this publication more than 35 states now have a form of Ban-the-Box legislation. And many cities and counties have acted as well. Every day there is potential for new ban-the-box legislation and hiring managers/HR departments should strive to stay current with all changes to law.
Form NELP.org (July 1, 2019)
Nationwide, 35 states and over 150 cities and counties have adopted what is widely known as “ban the box” so that employers consider a job candidate’s qualifications first—without the stigma of a conviction or arrest record. … these initiatives provide applicants a fair chance at employment by removing the conviction history question from job applications and delaying background checks until later in the hiring process. nelp.org/publication/ban-the-box-fair-chance-hiring-state-and-local-guide/
What many hiring managers and HR Departments may not realize is that Ban-the-Box laws have a tendency to change or evolve. Over time flaws or shortcomings can be discovered and changes need to be made to ensure the law is as effective as possible.
Recently, in Montgomery County (Maryland), members of the county council set out to make changes to existing Ban-the-Box legislation.
From Bethesda Magazine (July 31, 2020):
The Montgomery County Council is considering a bill that would set limits on what information an employer could seek about an applicant’s criminal history.
The employer could not check an applicant’s background until there is a conditional job offer. The employer also could not ask about certain crimes.
The bill, introduced at the council’s meeting on Wednesday, would expand the current “Ban the Box” law. Under that law, employers in the county with at least 15 full-time employees can’t do criminal background checks of applicants and can’t ask about criminal or arrest history before a first interview. bethesdamagazine.com/bethesda-beat/government/bill-would-prohibit-background-checks-until-conditional-job-offer/
The use of public records, such as criminal history reports, is strictly regulated and fines and penalties for the misuse or inappropriate use of such records can be significant. Staying compliant with law is critical for all companies and organizations.
Laws governing pre-employment background screening change on a frequent basis and these changes can impact a business. Working with a well-qualified third-party pre-employment background screening agency, in order to remain current with existing and pending law, remains a best practice.
Changes to ban-the-box laws in Montgomery County is but a single example of how laws change and evolve, and it is incumbent on hiring managers and HR departments to stay current with those laws.
It is also incumbent on the government to conduct research on whether or not ban-the-box laws are actually helping previously incarcerated or those with a criminal background record get a better chance at employment. Without such statistics there will be no way to know if such laws are helping minorities and those with a criminal record; and some suggest that these laws may actually be worse for such individuals. There would be no point for having these laws if they are making it worse for minorities and those with a criminal record to find gainful employment.
At this point in time the use of criminal history reports in the hiring process is under scrutiny due to ban-ban-box legislation which makes it compulsory that employers follow such laws; and in order to do that employers need to be aware of these laws in order to know when it is appropriate in the vetting process to conduct a criminal background check.
To learn more about why the ban-the-box laws need to be reviewed and must evolve and why doing research is the only way to prove whether or not these laws actually help those with a criminal record get employed read recent CriminalBackgroundRecords.com press release: Working with Background Screening Agencies Remains Best Practice as Ban-the-Box Laws Continue to Change & Evolve