In recent years, employers have begun questioning whether they can or cannot use an applicant’s criminal history in the hiring process.
Beginning during the Great Recession, the EEOC began to aggressively push for what has become known as “ban the box”—shorthand for prohibiting employers from asking about past criminal history before making a job offer. (The box is the space on a job application that asks about a candidate’s involvement with the criminal justice system.)
What the EEOC says
In 2012, the EEOC issued comprehensive guidance addressing the use of an applicant’s criminal history in hiring, which it further clarified in March 2014.
The EEOC guidance examines problems associated with policies that categorically exclude applicants from hiring consideration based strictly on having a criminal history.
For example, while discrimination based on criminal history is not illegal under federal law, it can become a form of...(register to read more)