What U.S. Employers Need To Know About Ban-the-Box Laws

[United States of America]: HR Preferred, a trusted background check partner, shares what employers in the United States need to know about ban-the-box laws.

HR Preferred works with employers to help them reduce onboarding times by expediting the hiring process. In light of the "Ban the Box" campaign, HR Preferred explores its laws and regulation. This information can greatly help employers in their hiring process.

Ban-the-Box started as an idea that employers should first determine a candidate's suitability for a position based on their qualifications before asking about their criminal history. Its goal is to evaluate job applicants on their merits and skills rather than the stigma of a conviction or criminal history.

Since these policies were passed in 1998, 15 States and jurisdictions have adopted Ban-the-Box laws. Employers are not permitted to inquire of applicants whether or not they committed a crime or have a criminal record until the later stages in the hiring procedure. In some areas, that "box" cannot be checked off before a job interview or an offer of employment is made on a job application or questionnaire.

Although not all laws are created equally and certain places have particular rules, here are some Ban-The-Box laws that are common in every state:

• Does not restrict an employer's ability to reject a candidate for a job for any legitimate reason

• A criminal background check can be carried out following an employer's judgment that a candidate is qualified.

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