Broward County FL Votes to Ban the Box on Government Employment Applications

Written By ESR News Blog Editor Thomas Ahearn

The Broward County (FL) Commission has unanimously voted to “Ban the Box” and remove the check box on initial government employment applications that asks about job applicants about their past criminal record, according to a news release on the Commission’s website.

Under the new Ban the Box Ordinance, sponsored by Broward Commissioner Dale V.C. Holness, a job applicants will not be asked about a prior criminal record or authorization for a background check until they are among a pool of potential finalists for a particular job.

“I think we are leading the way here by setting an example that we ought to ensure everyone has an opportunity to provide for themselves. We’re talking about people who have paid their dues, are back into society and want to provide for themselves and their families,” said Holness.

If an applicant is a potential finalist for a position and a background check reveals a criminal history, that person will be given a copy of the findings – as required by the federal Fair Credit Reporting Act (FCRA) – and an opportunity to respond and offer mitigating circumstances.

The Ban the Box ordinance does not apply if in conflict with federal or state law. Certain jobs that are exempt from the new Ban the Box ordinance include positions at the airport, seaport, or those that involve working with children and other vulnerable populations.

Nationwide, more than 100 cities and counties, as well as 20 states, have passed Ban the Box legislation. For Ban the Box news and resources, please visit the Employment Screening Resources® (ESR) Ban the Box Information Page at https://www.esrcheck.com/Ban-the-Box/.

NOTE: Employment Screening Resources® (ESR) does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.

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