Ban the Box

Written By ESR News Blog Editor Thomas Ahearn

Duke University and Duke University Health System have both adopted a “Ban the Box” policy and will no longer ask job applicants if they have ever been convicted of a crime during the hiring process starting on November 1, 2018, according a post on the Duke Today website.

“Asking for this information in an application can lead to a misperception among applicants that the responses are used to filter out those with a criminal record from employment opportunities at Duke,” Kyle Cavanaugh, vice president for Administration, stated in the post.

The post stated that “a criminal record does not necessarily preclude anyone from being hired at Duke. Convictions are evaluated on a case-by-case basis in which hiring officials will consider the nature and gravity of the offense, the date of conviction, and its relationship to the job.”

Duke will continue to conduct background checks on criminal history, government sanctions, and driving records at the offer stage for finalists of staff and faculty positions who are recommended for hire. Duke’s Reference and Background Check Policy will be updated on November 1, 2018.

“Ban the Box” seeks to advance employment opportunities for ex-offenders with prior criminal records by eliminating any inquiry into the criminal history of applicants on job applications and delaying such questions until later in the hiring process after the applicants can show their ability to do the job.

The “Ban the Box” movement is growing. As of October 2018, more than 150 cities and counties as well as 32 states have passed Ban the Box laws. Duke University is located in Durham, North Carolina, the county seat of Durham County. Both Durham City and Durham County passed Ban the Box laws.

Employment Screening Resources (ESR) offers employers complimentary white papers entitled “Ban the Box Now More than the Exception for Employers when Screening” and “ESR Ban the Box Resource Guide for States, Counties & Cities” to help them understand how to comply with Ban the Box laws.

ESR Ban the Box Resource Page

Employment Screening Resources (ESR) – a leading global background check provider – offers employers a Ban the Box Resource Page with whitepapers, infographics, and an interactive map updated with the latest Ban the Box laws. The page is at www.esrcheck.com/Legislative-Compliance/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.

© 2018 Employment Screening Resources® (ESR) – Making copies or using of any part of the ESR News Blog or ESR website for any purpose other than your own personal use is prohibited unless written authorization is first obtained from ESR.

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