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Criminal background checks in the Ban the Box era

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in Centerpiece,Hiring,Human Resources

Employers routinely perform criminal background checks for employment on applicants. They may worry that hiring applicants with criminal histories expose them to negligent hiring liability, potential theft or fraud. But more than 75% of the U.S. population lives in a “Ban the Box” jurisdiction. There, employers are limited in when, how and why they do a background screening for criminal history. They cannot use a checkbox on applications asking if the applicant has a criminal record. Employers in ban the box jurisdictions must wait until they make a job offer before doing a criminal background screening. They also fear the ‘ban the box’ movement means regulators may cite them for improper background checks.

To date, 35 states and over 150 municipalities prohibit public employers from asking job applicants about their criminal history. In twelve states, the prohibition applies to private employers as well. In 2015, P...(register to read more)

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