Ban-the-Box laws are not only being enacted across the country they are also being updated. Massachusetts was the second state in the country to enact such legislation, after Hawaii, and recently announced an evolution and change to existing law.
There are a large number of states and cities in the country that have already enacted some manner of ban-the-box legislation. When it comes to laws affecting employment screening in the USA there is none more prevalent than Ban-the-Box laws. Ban-the-Box laws were designed and implemented to assist the class of citizens in this country with a previous criminal record to get a better chance of being hired. By eliminating the question of “criminal history” from the job application form it is felt ex-offenders with criminal records will get a better chance at gainful employment.
It is very important that employers across the country pay close attention to these ban-the-box laws that have been previously enacted and any new ones coming into law now and in the near future. If an employer is in a specific jurisdiction, city, county or State with such laws in place then they have to obey them which means they will most likely have to update their employment screening policies and procedures. It is not just about removing the question of criminal history on the job application, it is also about when and why employers can legally perform criminal background checks on their applicants.
It is now incumbent on employers in this country to not only pay attention to these laws but to also make the necessary changes to their pre-employment background screening processes in order for their hiring practices to remain or become legally compliant. It has become clear all across the country that discrimination in any form during the hiring process will no longer be tolerated.
From the National Law Review’s webpage (Jun 08, 18)
“Ban the Box” laws prohibit or limit an employer’s ability to ask a job applicant about his or her criminal record. States, counties and cities have enacted this legislation to help applicants with criminal records combat additional barriers to securing employment. natlawreview.com/article/ban-box-updates-massachusetts
Due to the longevity of Ban-the-Box legislation in Massachusetts the State’s experience with the law has motivated legislators to change the law, expanding what it can do and how it protects.
From LawAndtheWorkplace.com (May 02, 18):
Massachusetts Governor Charlie Baker recently signed Senate Bill No. 2371, “An Act Relative to Criminal Justice Reform,” into law. The law will go into effect October 13, 2018. Among the Act’s extensive criminal justice reform provisions are several important modifications to the “Ban the Box” anti-discrimination laws… which will further restrict Massachusetts employers’ ability to consider criminal history in making hiring decisions. lawandtheworkplace.com/2018/05/massachusetts-modifies-ban-the-box-law/
It is important for Hiring Managers and HR Departments to work with a well-qualified third-party pre-employment background screening agency in order to stay fully compliant with existing and potential law, as well as changes to existing law, to avoid potentially expensive legal action.
The amended law in Massachusetts has some substantive changes that will affect pre-employment background screening.
From LaborAndEmploymentLawCounsel.com (May 24, 18):
In addition, the criminal justice reform bill lowers the number of years before an individual can seek to have a criminal background record sealed or expunged. Ultimately, this means that employers will have less access to criminal history information in making employment decisions. In response to employers’ concerns about being held liable for negligent hiring or retention based on criminal history to which they no longer had access, the legislature included a provision in the bill that incorporates presumptions based on employers’ more limited access to such information. Employers will be presumed not to have notice (or the ability to know) about (i) records that have been sealed or expunged, (ii) records about which employers may not inquire under the anti-discrimination law, or (iii) crimes that the Massachusetts Department of Criminal Justice Information Services cannot lawfully disclose to an employer. laborandemploymentlawcounsel.com/2018/05/another-change-to-massachusetts-ban-the-box-law/
How and when Criminal History Records can be used will continue to evolve and what happens in Massachusetts could eventually occur across the country. Ultimately, the use of Criminal History Records will evolve just as Ban-the-box legislation will evolve.
With this kind of constant change in law it is very wise and a best practice for employers all across the country to partner with a professional employment background screening company to help them remain fully compliant in all aspects of the hiring process.
To read more about the changes to ban-the-box laws in Massachusetts and the overall continual expanse of this movement throughout the USA and what affect it has on employers and employment screening practices read recent CriminalBackgroundRecords.com press release: Be Current, Stay Current; Evolution of Ban-the-Box Laws as Exampled by Massachusetts