In the past few years, there has been a growing focus on implementing fair hiring practices by public and private organizations. Although laws have been in place for many years to prevent discrimination, these laws have often fallen short in their scope. As a result, many people have faced discrimination in areas and situations that were not covered by Equal Employment Opportunity laws. Only recently has this type of discrimination started to receive attention.
What is Ban the Box?
A "ban the box" law is a regulation that restricts employers from asking job applicants about their criminal history during the initial application phase in select states and localities. Certain laws may also prohibit companies from inquiring about an applicant's past convictions until later in the hiring process, such as during an interview or after a conditional job offer has been made.
This checkbox can inadvertently lead to some candidates not being considered based on their criminal record rather than their skills and qualifications. Removing this checkbox allows hiring administrators to evaluate candidates based on their abilities and experience without the potential influence of past arrests or convictions.
Which Employers Are Required to Comply with Ban the Box?
Every state or municipality holds its own distinct laws. For instance, in several regions, only public employers are subject to ban-the-box laws. However, many states are also implementing ban-the-box requirements for private employers.
To ensure that your business adheres to the law, it is crucial that you are familiar with the relevant laws in your state and municipality. At NCS, we offer many different state packages that align with the employment laws of each state, enabling you to maintain compliance in your hiring process.
For your specific state requirements, please visit our State Resource Guide.
Ban the Box Compliant Hiring Practices
To comply with ban-the-box laws, there are several steps you can take in your employment screening process. Ask these questions:
- Do ban-the-box laws apply to you?
- At what point in the hiring process can you legally run a background check?
- Which criminal records are you legally allowed to consider, and which are you prohibited from considering?
- What are your state’s requirements for adverse action reporting?
- Are adverse action waiting periods applicable in your state?
If you decide not to hire an applicant based in part or in whole of the applicant’s report, you must supply them with the pre-adverse and adverse action letters. You must also supply your applicant with a copy of their report and a summary of their rights under the FCRA.
When sending a final adverse action notice, you may be required to perform an individualized assessment as part of the ban-the-box requirements.
NCS offers free Pre-Adverse Action and Adverse Action templates with every search to help make your job easier. You can hire with confidence when we are your hiring partner.
How can an Employer Ensure They are Compliant with Ban the Box Laws?
At NCS, we understand that keeping up with employment laws can be challenging. Our experts ensure ongoing compliance with state laws. Here are some steps your organization can take to ensure that you are in compliance:
- Conduct an internal audit – Evaluate your applications, policies, forms, procedures, and interview questions to ensure you aren’t violating any ban-the-box legislation in your state or municipality.
- Create internal policies – Creating policies that comply with local ban-the-box laws protects your business.
- Design an individualized assessment – When you come across a great job candidate and offer them the position, only to find out later that they have a criminal history, it is important to have a process for assessing the applicant, their qualifications, and their criminal history. Each case must be treated as unique.
- Provide a training program – All interviewers and hiring managers must receive training on ban-the-box laws to ensure full compliance.
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