Many cities and states are adopting or expanding "Ban the Box" regulations. Here is the latest.
San Francisco
Today,
August 13th, San Francisco’s Fair Ordinance goes into effect. They
certainly are not the first to enact what many are calling “Ban the Box”
legislation. This ordinance applies to both the public and private sector. San
Francisco employers need to ensure they are up to code on their background
screening.
Illinois
Another
change employers should be aware of is Illinois’ expanded “ban the box”
legislation that now includes private employers. This makes Illinois the fifth
state in the nation to require both public and private employers to limit
inquiry about convictions. The other states are Minnesota, Hawaii,
Massachusetts, and Rhode Island. Illinois is calling their “Ban the Box”
legislation the Job Opportunities for Qualified Applicants Act. It takes effect
on January 1, 2015.
New Jersey
Governor Chris Christie
signed the Opportunity to Compete Act on August 11th. This law
expands New Jersey’s “Ban the Box” regulations to the private sector, much like
Illinois’ Job Opportunities for Qualified Applicants Act. It is set to take
effect on March 1, 2015. This makes New Jersey the 13th state to
adopt “Band the Box” legislation, and the 6th state to expand the regulations
to the private sector.
“Ban the Box” legislation is spreading like wildfire. As a
background screening provider, the only thing we can do is keep you updated on
the latest employment screening standards.
While S2Verify cannot provide legal advice, we can suggest
you discuss with counsel, the following guidelines:
- Do not ask about arrests that did not lead to a conviction
- Do not ask about an individual’s conviction history at the beginning of the hiring process (such as the application)
- Only after a conditional offer has been made can one ask about criminal history
- Only convictions related to the job can be considered in the decision to deny employment
