Ban the Box

Do You Know Your State’s Marijuana Laws?
Do You Know Your State’s Marijuana Laws?

The rise of remote workers in response to the coronavirus pandemic has also renewed employer’s interests in drug testing. Namely – should you, and can you – drug screen your work from home (WFH) employees? And if so, what are the most reliable methods in this age of virtual work? These questions will likely steer […]

Top 5 Background Screening Trends for 2020
Top 5 Background Screening Trends for 2020

Topics like medical marijuana, Ban the Box, and Artificial Intelligence (AI) are sure to grab a lot of headlines in 2020, but are they really the HR trends to which you need to pay attention? Not according to the data. We surveyed hundreds of HR professionals, recruiters, and generalists who use screening following the SHRM Annual Conference about what trends you’re watching in 2020. Here’s what’s on your radars.

Growing Debate over Ban the Box
Growing Debate over Ban the Box

Ban the Box legislation has taken the nation by storm. In just a few years, laws to prohibit employers from asking questions about criminal history early in the application process have multiplied. There are now 24 states, more than 100 cities and even the federal government that have adopted some kind of Ban the Box statute. No one can say that these efforts are anything short of well-meaning. What could be better for society than to help those who have paid their debt get back on their feet and back into the workforce?

Philadelphia: When ‘Ban the Box’ Is ‘Outside the Box’
Philadelphia: When ‘Ban the Box’ Is ‘Outside the Box’

Most of us are familiar with “Ban the Box.” In its original form, ban the box laws and ordinances were created to remove the criminal history question, and its attendant Yes/No box, from employment applications. Although criminal history inquiry is permitted later in the selection process, the intent of ban the box is to ensure that applicants for employment are considered based on their knowledge, skills, and abilities rather than being automatically disqualified based on criminal history. Sometimes referred to as “Fair Chance Policies,” ban the box is designed to give applicants for employment exactly that – a fair chance for employment.

Legislative Alert – June 25, 2015: I-9, Hair Tests and Banning the Box
Legislative Alert – June 25, 2015: I-9, Hair Tests and Banning the Box

  No Reporting Limits in Nevada Consumer reporting agencies are now allowed to report criminal convictions from the state of Nevada that are more than 7 years old. Governor Brian Sandoval signed Senate Bill 409 which basically removes any time limitations on reporting criminal records. The bill also allows gaming operators and employers to do more thorough background checks on job applicants by allowing CRAs to reports bankruptcy information that is more than 10 years old. 

Ripple Effects – Activity in Employment Screening
Ripple Effects – Activity in Employment Screening

The level of legislative activity, regulatory guidance, and litigation surrounding background checks for employment screening has never been higher. And, as onerous litigation and multi-million dollar settlements become increasingly common, the stakes have never been higher for employers as they seek to balance external requirements with their legitimate business needs. Three recent actions follow, along with ripple effects.

Ban the Box Slip-Ups Cost Companies Cash
Ban the Box Slip-Ups Cost Companies Cash

Don’t ask about criminal history until the interview stage or until a conditional job offer has been extended. Ban the Box seems pretty straight forward, but unexpected slip-ups have already led to citations and fines in Minnesota. The state’s law went into effect on January 1st. Over the course of the year the Minnesota Department of Human Rights has investigated more than 50 complaints about applications violating the ban the box law.

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