Legal Compliance: Ban the Box

Ban the Box Legislation is Viral

Does Your Screening Firm Support Your Compliance with the patchwork of current and emerging legislation?

Dozens of cities and states restrict employers from asking job applicants about their criminal history. Some Ban the Box legislation imposes additional requirements beyond eliminating criminal history questions from their employment applications. Most companies struggle with how to ensure compliance with the patchwork of local, county, and state laws.

Scroll down the page to access Ban the Box whitepapers, Ban the Box infographics, and an interactive map updated with the latest Ban the Box laws for states, counties, and cities.

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Find out how ESR can help your organization to comply with the changing legislative landscape.

What is ``Ban the Box``?

“Ban the Box” is a catch phrase for initiatives that seek to advance employment opportunities for people with prior criminal convictions by eliminating any inquiry into a candidate’s criminal history on the job application. This relates to the check box (or question) on a job application that requires the candidate to disclose their criminal history (i.e. have you ever been convicted of a crime?).

The premise behind the effort is the belief that anything that makes it more difficult for ex-offenders to obtain gainful employment increases the likelihood that they will re-offend, which is counter-productive for society.

Ban the Box legislation has blossomed in recent years that may impose additional disclosure, notice, timing, and adverse action requirements that may well differ from federal FCRA requirements.

This poses a significant compliance challenge for employers.

EEOC and ``Ban the Box``

“As a best practice, and consistent with applicable laws, the Commission recommends that employers not ask about convictions on job applications and that, if and when they make such inquiries, the inquiries be limited to convictions for which exclusion would be job-related for the position in question and consistent with business necessity.”

“Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964”

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