Starting in 1998 in Hawaii ban-the-box legislation has been sweeping across the country. It is an attempt to level the playing field in the employment process in the USA by removing the box on job applications that ask about criminal history. It is an agenda to give ex-cons and those with criminal background records a better chance to attain gainful employment.
As ban-the-box legislation continues to spread and evolve across the country new jurisdictions are joining in; most recently in Columbia, South Carolina and Waterloo, Iowa; and is under consideration in other municipalities, including a potential citywide ban in St. Louis. “Ban the box” is an attempt to create a fair playing field in employment by removing or “Banning” the question box asking about the criminal history of a job applicant.
Starting slowly in Hawaii in 1998 the ban-the-box movement in recent years has gained significant momentum.
From JS Supra’s website (Oct 22, 19):
Over the last several years, the “ban the box” movement has gained an impressive amount of momentum and support from lawmakers and activists across the nation. With an aim to provide job applicants a chance to obtain employment without the stigma of a conviction or arrest, “ban the box” laws require employers to consider an applicant’s qualifications before inquiring into or considering their criminal background record. While employers may still consider an applicant’s criminal record, they generally must wait until after the applicant’s initial interview or until they extend a conditional job offer, depending on the laws of the particular jurisdiction. jdsupra.com/legalnews/many-states-and-municipalities-now-ban-22407/
There are two new additions to the list and, potentially a third.
South Carolina
Columbia, South Carolina recently passed and enacted a ban-the-box law that will affect all governmental agencies, but not private employers.
From JDSupra.com (Nov. 01, 19):
The ordinance applies to the City of Columbia, government contractors, any person regularly employing five or more persons, any person acting as an agent of an employer, directly or indirectly, or any person undertaking for compensation to procure employees or opportunities for employment. Employment means any occupation, vocation, job, or work for pay, including temporary or seasonal work, contracted work and work through the services of a temporary or other employment agency, or any form of vocational or educational training with or without pay. jdsupra.com/legalnews/update-columbia-south-carolina-enacts-72373/
As often happens changes that affect the public section can eventually make it over to the private sector.
Iowa
Waterloo became the first city in Iowa to have ban-the-box legislation and just passed a second round of amendments.
From kwwl.com (Oct. 28, 19)
The second reading of ‘Ban the Box’ amendments passed through council tonight, the amendments were proposed by council after two work sessions.
Some of the main amendments put in place a violation enforcement policy and prevention of private action after an employer is found guilty of violating Fair Chance Initiative.
The council members against the initiative took a stiff stand against the passing of the amendments. kwwl.com/homepage/2019/10/28/ban-the-box-amendments-pass-second-reading-in-waterloo-city-council/
Additional amendments to a law, especially Ban-the-Box laws add to the complexity, and further highlight the need for employers to work with a well-qualified third-party pre-employment background screening agency.
St Louis
A concerted effort to add St. Louis to the rolls of Ban-the-Box legislations is well underway.
From KMOV.com (Nov. 04, 19):
“The proposed bill would prohibit employers in the City from basing job hiring and promotion decisions on an applicant’s criminal history unless the employer can demonstrate its relevance to the job-related decision, and inquiring about an applicant’s criminal history until after it has been determined the applicant is otherwise qualified for the position, unless the applicant is part of a final pool of applicants for the job position and all of the applicants are asked. The forgoing would not apply where the employer is required by law or regulation to exclude applicants with certain criminal convictions.” kmov.com/news/alderman-pushes-for-citywide-ban-the-box-to-keep-criminal/article_5bb81b00-feb4-11e9-aff6-e7a6c7c2914c.html
As seen by extensive previous ban-the-box legislation and now more recent legislation it is clear that the ban-the-box initiative is not going away but instead is steadily spreading across the nation. Additionally even though some of these laws only affect the public sector for now, they could eventually make there way over to the private sector.
New independent ban-the-box laws often differ considerably from other jurisdictions ban-the-box laws and that coupled with certain jurisdictions making additional amendments to their already existing laws add to the complexity, and further highlight the need for employers to work with a professional pre-employment background screening agency. Working with a professional employment screening agency is still a best practice for employers looking to remain compliant with all relevant laws.
To read more about the impressive momentum the ban-the-box movement has recently shown and to learn about the new laws and proposals from all over the country regarding ban-the-box legislation read recent CriminalBackgroundRecords.com press release: Ban-the-Box: News, Highlights, and Updates