Staying Compliant with New Ban the Box Laws

Across the nation, state and city governments are passing laws forbidding employers from inquiring about criminal record status until late in the hiring process. In fact, even the federal government has taken a position — federal employee applications no longer include questions regarding conviction status. At this rate, it appears as if, sooner or later, criminal records may be added in some form or another to legal non-discrimination lists everywhere.

For now, employers are left wondering, as laws vary greatly from location to location. If you are feeling confused by the recent flurry of legislative activity, then this article may help you gain a better understanding of the current situation.

The Basics of Employment Discrimination Based on Criminal Record.
At the current moment, regardless of whether or not your region has banned the box, there are a few legal protections in place for former convicts. To simplify a complex law, you are not allowed to base a hiring decision solely on criminal record unless you can justify how the crime in question relates directly to the job.

How Ban the Box Changes These Rules.
Ban the box laws can be a bit different from region to region. But, in short, they prohibit employers from asking about criminal record until they have made a preliminary job offer. At that point, should as background check reveal a criminal record, employers are free to take this into account — as long as they remain compliant with other applicable employment laws. The idea behind this regulation is that employers should give qualified former convicts a chance to prove themselves through their resumes and their interviews before ruling them out based upon their past mistakes.

Why Compliance is Crucial
If your state or city has passed ban the box laws and you fail to follow them, your business could be subject to fines and/or lawsuits. Worse still, you could be viewed as discriminatory — which can harm your reputation among potential employees and customers alike! For more information on how you can remain compliant with employer/employee regulations, visit Precise Payroll online today.