For private employers, compliance can be challenging. Since there is no federal ban-the-box statute, and policies vary between jurisdictions, companies that hire across the country must comply with a variety of regulations.
Another dilemma for HR and hiring managers is finding the balance between giving applicants with prior convictions a fair chance and potentially becoming liable for negligent hiring. Organizations across the board are responsible for ensuring a safe working environment, and many consider knowledge of applicants’ conviction history to be essential for that purpose.
Ban-the-box policies do not forbid employers from running background checks, but some require a delay in obtaining one until after the first job interview, or after a conditional offer of employment is made. Several states also have laws that impose restrictions on an employer’s ability to use credit history in making employment decisions. Learn More.