What Are Ban the Box Laws?

As an employer, you want to ensure that you’re hiring the best people for their positions. And part of that due diligence is the criminal history background check.

However, this process is somewhat complicated in some regions which have “ban the box” laws on the books.

But what exactly are “ban the box” laws? And how do they affect your hiring process?

Here’s what you need to know.

The History of Ban the Box

Many of of us can remember filling out job applications over the years where we had to check a box under “yes” or “no” regarding past criminal convictions.  Many of us just take that for granted; but for many applicants, that checkbox is a significant barrier to employment. In many cases, employers immediately eliminate those who check off “yes,” without regard to the nature or severity of the crime, or how long ago it took place. As a result, a high unemployment rate exists among ex-offenders, and with it, an increased chance of becoming re-offenders. 

In response, some states and cities have implemented “ban the box” laws, which restrict employers from asking about criminal history until they are at the point of making a conditional offer of employment.

Ban the Box: State By State

So how does this affect you? The answer is not a simple one, because each state and even each municipality has different requirements about the circumstances in which you can ask about criminal history.

For example, in Illinois, a ban the box law is in effect for organizations with 15 or more employees, and the employer must conduct an individual assessment of each applicant. They must demonstrate a substantial relationship between the individual’s criminal history and the position they are seeking, as well as considering factors such as the time passed since the convictions and their number and severity.

Louisiana has a similar law on the books; however, applicants here are allowed to make a request in writing for any background check information used during the hiring process. Additionally, though employers are required to conduct an individual assessment, they are permitted to ask about criminal history on employment applications.

What Employers Need To Do To Be Compliant

As you can tell, maintaining compliance with ban the box laws can be a complicated moving target. In some cases, legal counsel may be needed to ensure that you are meeting requirements for compliance. This will depend on the location of your organization, as well as the nature of the position(s) for which you are hiring.

In light of these laws, you may need to do an overhaul of your hiring process, with special attention to your job descriptions and applications.

At the time of this writing, ban the box laws are in effect in 37 states and over 150 municipalities, and that number is changing all the time. While many of these restrictions currently apply just to public employees, the number of private sectors imposing ban the box laws is steadily growing.

Feeling overwhelmed by the ever changing demands of ban the box and other laws governing the hiring process? Reach out to Veriswift for help. We can help you implement an accurate, thorough, and legally compliant background check process.