The City of New Orleans just recently passed an ordinance preventing city contractors from asking about potential new hires criminal history on their job applications. This new “Ban-the-Box” legislation adds the city to the growing list of jurisdictions currently having such laws.
Ban-the-Box laws were created to give individuals with a criminal background record a fair shot at getting hired. Instead of immediately disqualifying a candidate based on having a criminal record it is thought that an employer would evaluate the candidate by their skills and experience thus increasing the chances of attaining gainful employment.
The City of New Orleans recently joined a growing list of cities and related jurisdictions with “Ban-the-Box” legislation.
From TheAdvocate.com (Oct 18, 18):
The New Orleans City Council unanimously passed an ordinance that prevents city contractors from asking about potential hires’ criminal history on their job applications, a measure that extends an existing City Hall policy to people who want to work under employers with city contracts, cooperative endeavor grants or grant funding.
Councilmembers and proponents argue that applicants should be considered for employment on the merits of their skill and experience, not be automatically removed as a candidate because of their criminal history. (The measure does not prevent employers from performing background checks.) theadvocate.com/gambit/new_orleans/news/article_15651392-d30e-11e8-8ac6-67759ad93438.html
“Ban-the-Box” legislation relates to the use of criminal background records as part of an employment application.
Typically applications include the “Box” to check if the applicant had a criminal past. Just by checking this box is it suggested that many applicants make it no further in the hiring process.
From the National Employment Law Project (Sep 25, 18):
Nationwide, 33 states and over 150 cities and counties have adopted what is widely known as “ban the box” so that employers consider a job candidate’s qualifications first—without the stigma of a conviction or arrest record. Borne out of the work of All of Us or None, these initiatives provide applicants a fair chance at employment by removing the conviction history question from job applications and delaying background checks until later in the hiring process. nelp.org/publication/ban-the-box-fair-chance-hiring-state-and-local-guide/
Background checks like criminal background checks are still conducted but are delayed until the end of the hiring process.
In a similar move Duke University has joined other Universities and New Orleans in “Banning-the-box.”
From DukeChronicle.com (Nov 01, 18):
By “banning the box”—and therefore no longer requiring applicants to disclose their criminal records when initially applying—Duke follows a number of similar policies adopted at other colleges.
The move came after other university systems such as the State University of New York system and the University of California system banned the box for all job applicants in September 2016 and July 2017, respectively. Louisiana and Maryland have also instituted statewide bans disallowing colleges from asking about crimes during the application process, and the Common Application is set to follow suit for next year’s college application season. dukechronicle.com/article/2018/11/dukes-move-to-ban-the-box-follows-trend-established-by-other-states-universities
A best practice for Universities and cities, such as New Orleans, remains that a well-qualified third-party background screening agency be utilized in vetting new students and employees.
Removing the box on a job application that asks about a person’s criminal history gives them a better chance at being considered for a job. Ban-the-box laws like the one just recently adopted by the City of New Orleans relates to the use of criminal background records as part of the employment application process.
Although recently passed ban-the-box legislation by another US City and another University doesn’t necessarily eliminate the use of a criminal background check in the employment screening or applicant screening process it certainly would delay it until for instance an initial offer was made.
At some point background-screening-reports will still be used to vet new students or employees and it is still a best practice for Cities, Universities and any other US Jurisdiction or Organization to make sure whenever they vet a new student or employee that they are using a well-qualified professional third-party background screening agency to attain the most current, comprehensive an accurate reports.
To read more about why more cities and Universities are enacting ban-the-box laws across the USA and why using a professional employment screening company helps keep them legally compliant read recent CriminalBackgroundRecords.com press release: NOLO & Duke Join Growing List of Cities & Universities “Banning-the-box” on Employment & Academic Applications