Recent actions at Yale University have highlighted the next evolution in banning the question of criminal history on applications and students at Yale are looking to University Administration to begin the process. Student leaders become business leaders and ban-the-box policies, as an example, may become normalized through activism and exposure, but a best practice that must be learned and normalized is working with a well-qualified third-party pre-employment background screening agency.

Student leaders are beginning to take on the question of Ban-the-Box for College and University applications. Banning the box essentially eliminates the question of criminal history and potentially levels the playing field for those with a criminal background record when it comes to being accepted into an institution of higher learning.

From UPressOnline.com on April 7, 2021:

Anyone who has filled out a university application may recall having to answer a question about their criminal history. Failure to answer these types of questions can delay application processing and a prospective student’s answer can result in a disciplinary hold or rejection.

Ban the Box at FAU is an organization working to remove questions regarding criminal history from FAU’s and other university and college admission applications. ^{upressonline.com/2021/04/ban-the-box-town-hall-discusses-removing-criminal-history-application-questions/}

At Yale University in Connecticut, efforts are underway to ban-the-box on Yale’s admission applications but no longer on the Common Application widely used in higher education.

From Yale Daily News on April 1, 2021:

During the 2019-2020 admissions cycle, the Common Application permanently removed its criminal history question. However, Yale still includes a criminal history question in the Yale-specific section of the Common Application. The question asks applicants, “Have you ever been convicted of, or pled guilty or no contest to, a misdemeanor or felony, or are there any criminal charges pending against you?” ^{yaledailynews.com/blog/2021/04/01/justice-impact-movement-ycc-call-on-yale-to-ban-the-box-in-admissions/}

Ban-the-Box laws across the country affecting employment applications have been occurring for many years now but removing the box on higher education institutes like Colleges and Universities is a much newer phenomenon. The mentality that criminal background records can become a huge obstacle for people to get jobs also exists for the same kind of people to get accepted to a College or University. As public perception in the USA has been changing more and more people understand that getting these kind of people employed or enrolled at a place of higher learning is better for the community at large and also helps with avoiding recidivism.

In a guest column at the Yale Daily News, Elizabeth Cordova clearly expresses the reason behind Ban-the-Box for Colleges and Universities.

From Yale Daily News on March 28, 2021:

“So pervasive is the racial inequality in the criminal justice system, it is impossible for the inquiry and usage of criminal justice information in college applications to be a race-neutral practice” states a joint report from the Justice Impact Movement, also known as JIM, and Yale College Council. People with a history of system involvement are three times less likely to finish a college application after starting than those without, all because of a single question asking about their past. Most of these prospective students belong to nonwhite minorities, feeding the issue of skewed demographics in higher education. JIM, a subgroup within the Yale Undergraduate Prison Project, encourages institutions of higher education to “ban the box” and promote a fairer system in the U.S. We want to break down the barriers to higher education for justice-impacted individuals. Such change starts with a new bill in the Connecticut General Assembly. ^{yaledailynews.com/blog/2021/03/28/cordova-pushing-to-ban-the-box/}

Ban-the-box related laws continue to expand across the country. The question of criminal history and when or if a criminal history can be utilized in a vetting process has been significantly challenged, forcing landlords, HR departments and universities to review existing policies. For many parties a best practice is to work with a well-qualified third-party employment screening agency in order to remain compliant with existing and potential law.

To read more about how ban-the-box laws are migrating from employment screening over to College applications and why removing the box asking about criminal history could be good for those with a criminal record to achieve gainful employment and access to higher education and that this would also be good for the country read recent CriminalBackgroundRecords.com press release: Ban the Box Goes to College: The Next Evolution in Eliminating the Question of Criminal History

With a new administration in the White House new laws are being presented in Congress, ones that may not have had traction recently, and a move to Ban-the-Box as a federal mandate has been reintroduced.

Recent introduction of a bill to mandate Ban-the-Box legislation in both the public and private sector should immediately put hiring managers on alert and ensure current pre-employment background screening policies are compliant by working with a well-qualified third-party background screening agency.

Recently Rep. Maxine Waters (D-CA) and Rep. David Trone (D-MD) presented the Workforce Justice Act, an act that would mandate the removal of the criminal history question on employment applications. The time may be now for a successful passage of the Workforce Justice Act, and hiring managers should take immediate note, ensure their hiring policies are current, and work with a well-qualified third-party pre-employment background screening agency to remain compliant with laws governing hiring.

Ban-the-Box legislation has grown since the first bill emerged from Hawaii over 20 years ago. During the corresponding years many states and local municipalities have enacted similar laws requiring an elimination of the criminal past question on employment applications.

From HRDive.com on March 3, 2021:

There’s a growing push in the U.S. to remove the barriers standing in the way of job seekers with criminal histories.

States and cities have adopted ban-the-box legislation, which prohibits employers from requiring applicants to indicate whether they have a criminal history record. ^{hrdive.com/news/2nd-cir-wont-reconsider-whether-criminal-history-hiring-ban-disparately-i/596058/}

In early March of this year Rep. Maxine Waters (D-CA) and David Trone (D-MD) introduced the Work Justice Act into Congress.

From a press release from the Office of David Trone, on March 3, 2021:

Ahead of the House of Representatives’ historic vote on the George Floyd Justice in Policing Act, Congressman David Trone (MD-06) and Congresswoman Maxine Waters (CA-43) introduced the Workforce Justice Act, which would encourage states to ‘ban the box’ on employment applications nationwide and give justice-impacted individuals a greater chance of gaining employment. ^{trone.house.gov/media/press-releases/reps-trone-waters-introduce-historic-legislation-ban-box-employment}

Changing how the question of criminal history and related criminal history reports can be used in the hiring process will be a significant move. For companies large and small this may cause considerable concern. However, at some point after the initial employment application is filled out employers can pull criminal history reports on potential hires depending on how the ban-the-box legislation works in their jurisdiction, sometimes only after an initial offer is made can a criminal report be pulled.

From BlackEnterprises.com on March 5, 2021:

“This legislation to ban the box would take critical steps forward to ensure that the over 70 million Americans who have an arrest or conviction record are not left behind. By prohibiting private employers from asking about the criminal history of a job applicant prior to the extension of a conditional offer of employment … job applicants with a criminal history will be evaluated based on

their qualifications alone and have a fair shot at rebuilding and reclaiming their lives.” ^{blackenterprise.com/maxine-waters-introduces-bill-ending-bias-against-job-applicants-with-criminal-records/}

In light of this potentially historic legislation a best practice remains for companies and organizations to work with a well-qualified employment screening agency in order to stay ahead of emerging trends and law.

To read more about the newly introduced Workforce Justice Act in Congress and why this could become the first national Ban-the-Box law read recent CriminalBackgroundRecords.com press release: Growing Push for National Ban-the-Box Law Should Alert Hiring Managers

Ban-the-Box laws across the country and across many jurisdictions can be very different from each other and can cause great confusion to hiring managers trying to be compliant. These such laws can vary drastically from one another creating a big challenge for HR departments and hiring managers trying to be consistent in their hiring practices.

A recent modification in Montgomery County’s Ban-the-Box law highlights how laws governing the use of criminal history records can change quickly and, potentially, cause confusion to hiring managers and HR departments. Any jurisdiction, city, county or state can create a Ban-the-Box law and each law can be significantly different from other similar laws and, additionally, create confusion regarding the legal use of Criminal History reports as a part of pre-employment background screening.

Montgomery County recently upgraded an existing Ban-the-Box law, one that is more restrictive than those in nearby and neighboring cities and counties as well as the state of Maryland, thereby creating the potential for significant confusion with hiring managers and HR departments. The action by Montgomery County highlights the challenges hiring and HR departments face daily with overlapping law and suggests the use of a well-qualified third-party pre-employment background screening agency remains a best practice.

Recently, Montgomery County, in Maryland, updated an existing Ban-the-Box law. The new law creates greater restrictions and control regarding the use of criminal history questions on employment applications as well as the use of Criminal History records as a part of pre-employment background screening.

From ConnectNewspapers.com on November 19, 2020:

Last week, the Montgomery County Council unanimously enacted Bill 35-20, Human Rights and Civil Liberties – Fair Criminal Record Screening Standards – Amendments, which aims to help prevent workplace discrimination by prohibiting background checks prior to the extension of a conditional offer of employment and preventing inquiries into certain types of arrests and convictions. Councilmember Will Jawando is the lead sponsor of this legislation.

Bill 35-20 expands the scope of the law by prohibiting background checks until after a conditional job offer has been extended. The bill also prevents inquiries about certain crimes altogether. In addition, it redefines “employer” to include any employer in the County, except certain types of employers such as those that provide services to minors or vulnerable adults. ^{connectionnewspapers.com/news/2020/nov/19/montgomery-county-council-enacts-ban-box-bill/}

The change to the Montgomery County law creates a more restrictive environment regarding criminal history use.

From Lexology.com on December 1, 2020:

Effective February 19, 2021, Montgomery County’s Ban-the-Box law is becoming far more restrictive and will apply to all employers – not just those with 15 or more employees.

As employers with employees in Montgomery County, Maryland should know, Montgomery County had previously enacted a Ban-the-Box law that prohibited inquiries about an applicant’s arrest or conviction record until the end of the first interview. (The “Box” refers to the box, contained on many employment applications that must be checked if the applicant has a criminal background record.) This law has now been amended, with expansive new protections for applicants and employees of all Montgomery County employers. ^{lexology.com/library/detail.aspx?g=27504738-2b4a-4ae2-b1ea-9cd1206013d1}

Hiring managers need to know that not all Ban-the-Box laws are created alike and, in fact, laws in the same state often can be significantly different from each other. The Montgomery County law is more restrictive than the state law in Maryland.

From Mondaq.com on November 26, 2020:

Notably, Bill 35-20 is more restrictive than Maryland’s statewide ban-the-box law, which took effect on February 29, 2020. The statewide legislation currently applies to employers with 15 or more full-time employees and permits an employer to inquire about criminal history during the first interview. Montgomery County is one of three jurisdictions in Maryland where the ban-the-box law is more restrictive than the state law, the other two being Prince George’s County and Baltimore City. ^{mondaq.com/unitedstates/employee-rights-labour-relations/1009956/montgomery-county-md-amends-ban-the-box-legislation-?type=related}

Any change to Ban-the-Box laws or any law related to pre-employment background screening should force a Hiring Manager and/or HR department to take immediate note. In order to maintain compliance with laws governing the use of criminal history records and other related public records employers need to be aware of their responsibilities when it comes to legally following these such laws. In light of the drastic differences between these laws and the overlapping of such laws at different levels of the government it is clear that more consistency is needed to avoid confusion and non-compliance.

At this point in time it is imperative that businesses and organizations understand the intricacies of ban-the-box laws that affect them and a best approach is to partner with a well-qualified employment screening company which can assist them in becoming and remaining compliant and aware of such changes in law.

To learn more about why the recent modification Montgomery County made to their already existing ban-the-box laws is so significant and why such differences between such laws across multiple jurisdictions and States is causing so much confusion and is making compliance with such laws more challenging for hiring managers read recent CriminalBackgroundRecords.com press release: Change in Ban-the-Box Law Highlight Challenges for Hiring Managers & HR Depts.; Opines CriminalBackgroundRecords.com

It is essential that employment screening efforts and policies not be derailed or abandoned during the Covid-19 pandemic. Over the past twenty-years having a criminal history record is no longer the significant impact it once used to be and as more entities enact ban-the-box laws policy opportunities will continue to expand. Additionally the perception of a criminal history as entirely negative has begun to change as well. With every change to laws governing the use of criminal history reports during the Covid-19 pandemic hiring managers and HR departments should ensure continued compliance by working with a well-qualified third-party pre-employment background screening agency.

On September 15, 2020 Hawaii enacted significant changes to the state’s ban-the-box laws and, being the first state to enact these laws, may prove the example for ongoing reform. Laws governing the use of public records, such as Criminal Histories, will continue to evolve, and Hawaii’s amendment to an existing law highlights why the time is now to work with a well-qualified third-party pre-employment background screening agency in order to keep pace with change and maintain compliance.

In 1998 Hawaii enacted the first ban-the-box legislation in the United States, becoming the example for all legislation to follow. On September 15, 2020 Hawaii further enforced their anti-discrimination policies by updating existing ban-the-box law.

From Lexology.com on September 16, 2020:

Hawaii has long had a law limiting the discretion that employers have to consider older criminal conviction records in making employment decisions. Effective September 15, 2020, SB 2193 prevents most private sector employers from considering conviction records within the last 10 years, but only convictions within seven years for felony convictions, and five years for misdemeanor convictions, excluding periods of incarceration.1 Hawaii shortened the 10-year lookback period “to reduce unnecessary employment discrimination against individuals with old and relatively minor conviction records, in furtherance of economic self-sufficiency, and to reduce crime and recidivism rates.” ^{lexology.com/library/detail.aspx?g=066c4e32-6f76-4227-ae05-e11cb50b9380}

The amendment to Hawaii’s ban-the-box law shows how laws can change and with change hiring managers and HR departments should be sure that pre-employment background screening policies are current and compliant. Hawaii’s change exemplifies why vetting policies must be continuously reviewed.

Overall, the attitude towards hiring individuals with conviction records is changing. A great example is with Mod Pizza as illustrated in a recent FAST COMPANY article (September 23, 2020).

For employers, providing equal opportunity for people with criminal background records is not only the right thing to do; it’s also good for business. For proof, look no further than MOD Pizza, a fast-growing pizza restaurant chain that thrives despite stiff competition from major brands with household names. The secret sauce? MOD Pizza pays living wages and actively recruits ex-convicts and felons, many of whom have gone on to become store managers and brand ambassadors. Founder Scott Svenson, reflecting on his commitment to providing equal opportunity, stated he has “discovered that it’s also a more powerful business model if you give people something to work towards that is more than just a paycheck.” ^{fastcompany.com/90553770/a-criminal-conviction-doesnt-have-to-be-a-career-death-sentence}

The use of criminal history records as a part of background screening has evolved, as has the attitude toward those with conviction records, but a best practice for hiring managers and HR departments has not changed. By working with a

third-party pre-employment background screening agency employers can stay compliant with laws governing the use of public records. Even during these times employment screening is still necessary and imperative in the USA.

To learn more about why people in the USA with criminal history records can still get hired due to laws like ban-the-box legislation and other efforts to aid those with criminal convictions achieve gainful employment read recent CriminalBackgroundRecords.com press release: Criminal History Records Need Not Hold One Back