With COVID-19 consuming the news and most media outlets it’s time to visit where we are with the Ban-the-Box movement midway through the year. When it comes to vetting potential employees for positions within companies and organizations it is important to know if Ban-the-Box laws affects how you can use criminal report information in the hiring process.
In the world of pre-employment background screening new Ban-the-Box laws dominated headlines, but with the outbreak of Covid 19, Ban-the-Box has taken a bit of a backseat. But laws continue to change anyway.
In 1998 Hawaii became the first state to ban-the-box, a law that essentially “bans” the question of criminal history on an employment application. Since that first law multiple states and municipalities have followed suit. With every passing year ban-the-box laws are enacted with the goal of assisting those with criminal background records in attaining gainful employment.
Ban-the-box laws are often complex and may cover every detail.
In recent months several jurisdictions have moved to close loopholes in respective ban-the-box laws or modify the law in general in order to cover a broader cross section of individuals seeking employment.
In Minnesota, one of the first states to follow Hawaii with ban-the-box legislation, is working on updating their law and close a loophole that still required the criminal history on some state boards and commissions.
From MinnPost.com on June 16, 2020:
In recent years, even as Minnesota was considered a pioneer in ending the practice of asking job seekers about their criminal histories, it somehow was still posing the question to applicants for one class of job: appointments to state boards and commissions. minnpost.com/state-government/2020/06/special-session-gives-lawmakers-second-shot-at-eliminating-minnesotas-ban-the-box-loophole/
Pennsylvania legislation is working with the governor of that state to correct licensing policies to be more inclusive of individuals with criminal records.
From NorthCentralPA.com from July 2, 2020:
Building on criminal justice reforms and fulfilling a recommendation to modernize job licensing, Governor Tom Wolf signed Senate Bill 637, which removes outdated licensing barriers so skilled workers with criminal records can get a second chance and start good careers.
The governor has advocated for sweeping changes to the licensing process for years. northcentralpa.com/news/local/bipartisan-bill-removes-barriers-for-people-with-criminal-convictions-to-find-employment/article_9fc60b70-bbd0-11ea-bbf1-a79b8c1b9d00.html
A bigger move is currently being worked on at the federal level by Congressman David Trone (D-Md) and Congresswoman Maxine Waters (D-Calif), one that would Ban-the-Box across the country.
From MarylandMatters.org from June 12, 2020:
U.S. Rep. David J. Trone (D-Md.) has introduced a bill that would remove the requirement to inform employers of a job applicant’s previous criminal history.
The Workforce Justice Act, introduced by Trone and House Financial Services Committee Chairwoman Maxine Waters (D-Calif.), requires states to implement “ban the box” policies that prohibit private employers from asking about the criminal history of applicants before an offer of employment.
The aim is to remove the stigma of individuals with criminal records and provide them a fair chance to compete in the job market. Seventy-five percent of formerly incarcerated individuals remain unemployed after one year of release. marylandmatters.org/blog/trone-introduces-ban-the-box-legislation-with-maxine-waters/
As Minnesota aims to achieve an all-encompassing Ban-the-Box law other States and Jurisdictions are working on their own versions of the law. Also in Congress Representatives David Trone and Maxine Waters are working on a Ban-the-Box bill that would be a Federal law effecting the whole country. Amongst all this commotion with such laws in this country and all the possible changes that could happen; it is still a best bet for employers to partner with a professional employment screening agency to help ensure their employee vetting process is compliant with all relevant law effecting the hiring process and when if ever in that process they can use a person’s criminal background record as part of their decision making process.
To learn more about why the ban-the-box movement continues even amongst a world dealing with the COVID19 pandemic and why removing the question of criminal history from employment applications can greatly assist those with a criminal past achieve gainful employment and why this is good for society as a whole read recent TenantScreeningUSA.com press release: Mid-Year Check In on Ban-the-Box