The Government of West Virginia just proved it is NOT always instant legislative passage when it comes to passing ban-the-box laws. The Government of West Virginia recently killed a ban-the-box bill and it was the Republicans that did it. Even though such laws have been enacted by many jurisdictions across the country that doesn’t mean it is a guarantee to pass into law.
Many opponents of ban-the-box legislation are still waiting on some hard evidence that these such laws do actually help those with a criminal past achieve gainful employment. Much more research is desperately needed to demonstrate specific statistics in order to prove that such laws are actually achieving what these ban-the-box laws are created to do. However, this process should still remind employers and hiring managers why they should ensure pre-employment background screening policies are current and compliant with law.
Hiring managers need to take note whenever a law governing the use of criminal background records are attempted, such as the recent action in West Virginia, and a best practice remains to work with a well-qualified third-party pre-employment background screening agency in order to remain compliant with existing law and aware of potential law.
The legislature in West Virginia recently went through an unsuccessful effort to implement Ban-the-Box legislation for all public agencies. Even when a legislative effort fails to implement a Ban-the-Box law, employers and hiring managers should take note and ensure existing policies are compliant with law.
Legislators in West Virginia recently attempted to enact a Ban-the-Box law that would force all public employers and agencies to ban the question of criminal history on applications. It explicitly dictates when the offer of employment can be made as well as when a background check that includes criminal history information can be conducted.
The movement behind eliminating criminal history from the employment application is to allow for greater access for employment from individuals with criminal histories.
From West Virginia’s Register-Herald on February 22, 2020 discussing the reasons behind Ban-the-Box in West Virginia:
Del. Sammi Brown, D-Jefferson, the bill sponsor, noted that criminal convictions are one symptom of the ongoing drug epidemic.
“It’s a public safety matter,” she said. “It’s a decreasing crime matter. It’s also getting folks back into the job force and making them fully capable and autonomous over their own lives, and you’re less likely to commit another crime if you’re gainfully employed. You’re less likely to go back into incarceration if you’re providing for yourself and your family, and we just want to give folks quality of life and dignity.” register-herald.com/news/state_region/w-va-committee-passes-ban-the-box-legislation-for-public/article_45660d6f-942b-52a4-87e3-21c3652a0659.html
But the push for Ban-the-Box legislation brings political challenges.
After introduction Republican’s killed the Ban-the-Box legislation.
From Register-Herald webpage on February 27, 2020:
Republicans in the West Virginia House of Delegates Rules Committee voted on Wednesday to kill a bill that would have prevented public employers from asking about a job applicant’s criminal history unless the applicant signed a waiver. register-herald.com/news/state_region/republicans-remove-ban-the-box-legislation-from-agenda/article_1e6a611b-c861-5b08-b986-ee5c7c4e6313.html
Employers and hiring managers should pay attention to all legislative action, even those that don’t pass into law. A best practice remains that all hiring managers and employers work with a well-qualified third-party pre-employment screening agency to stay fully compliant with existing and potential laws governing the use of criminal history reports as a part of background screening.
Even with the failed effort in West Virginia Ban-the-Box legislation will continue to find its way into different jurisdictions throughout the country, however there will continue to be challenges to all legislative actions. At this point it is still a best practice for all hiring managers and employers to check their current policies and procedures on pre-employment screening to ensure compliance with law.
To read more about West Virginia’s failed attempt to pass ban-the-box legislation and why more research on the effectiveness of such laws needs to be done and why there are valid arguments to both sides read the recent CriminalBackgroundRecords.com press release: Ban-the-Box Not Always Instant Legislative Passage, Employers Should Still Take Notice; Opines CriminalBackgroundRecords.com