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Things Your Business Needs To Know About Ban-the-Box Laws

PSI Team | Uncategorized

Looking for the perfect candidate for a position is difficult enough. Government regulations make the process slightly more challenging. For instance, Ban-the-Box laws ensure fair employment opportunities for people with criminal backgrounds who have since served their time or otherwise paid their debt to society. Here are a few things your business needs to know about ban-the-box laws and how they affect the hiring process.

A Quick Definition…

Ban-the-Box laws prevent employers from adding a question on employment applications asking if the candidate has a criminal record. The idea is that the candidates are given a chance to show their skills and background first without being immediately disqualified due to their history. This helps the candidate make it through the first round and lets the employer display greater inclusivity. What else does Ban-the-Box do? Here are a few benefits for the jobseeker and employer.

Greater Fairness and Equality

Ban-the-Box laws put the concentration on talent versus past mistakes. The employer focuses on skill sets and other qualifications rather than the candidate’s past convictions. This reduces the possibility of discrimination and enables fair employment opportunities while creating a more inclusive and diverse workplace.

Diminishing Recidivism

It’s a fact: employment reduces the likelihood of a candidate returning to a life of crime. Ban-the-Box laws aid in reducing recidivism because a person with a steady check is less likely to re-offend. That’s a benefit for the candidate, the employer, and society at large!

Staying Compliant

Ban-the-Box laws aren’t suggestions—they are the law. Ignoring them can lead to sizable fines, lawsuits, and other legal issues for you and your company. Considering the other benefits we’ve mentioned, following Ban-the-Box laws is a matter of good business and common sense.

Next Steps

How do Ban-the-Box laws affect your hiring process? Seek legal counsel for the details in your state; more than likely, you’ll be asked to implement the following practices:

Adjust Applications

Here’s the crux of it. Remove questions about criminal history from your job applications. This does not mean you need to completely ignore an individual’s criminal history, but it can’t be a part of the initial application process. Criminal background checks conducted by third party background check companies are permitted later, after making a conditional job offer to a candidate.

Focus on Qualifications

When reviewing the applications, concentrate on what the job needs, meaning the education level, skill set, and experiences. Make a decision to proceed based on merit, not personal history.

Keep Communicating

After conducting a background check and discovering a criminal history, ask the candidate for an explanation if they still seem like a worthy candidate. Extenuating circumstances include if the offense happened long ago, they’ve experienced a complete rehabilitation, and the offense is irrelevant to the job.

Those are just a few things your business needs to know about Ban-the-Box laws. Make sure your human resources team is trained and informed about Ban-the-Box laws and what they mean to your company. Conduct regular updates and reviews of your employment policies to remain compliant, as well. Done right, Ban-the-Box laws and conscientious hiring practices lead to a stronger and more diverse workforce and a series of well-earned second chances for your future employees!