Additional Ban-The-Box Legislation Suggest Employers Work with 3rd Party Screening Companies to Avoid Costly Mistakes, States CriminalBackgroundRecords.com

Share Article

With Virginia becoming the latest state to enact Ban-The-Box legislation it is critical that employers work with third party background screening companies in order to maintain legal compliancy not only with Ban-The-Box legislation but all rules and regulations governing the use of background screening. Adam Almeida, President and CEO of CriminalBackgroundRecords.com states: "It is important that employer's work with a third-party background screening company when conducting pre-employment screening in order to understand the legal and lawful use of criminal history reports as part of the hiring process.

Criminal Background Records

Criminal Background Records

Regardless of one's opinion ban-the-box legislation is gaining momentum and spreading across the country but until there is a single unifying law, local and state legislation will rule.

The Governor of Virginia recently signed documents to prevent the use of criminal background checks as part of the hiring process.

From Reuters.com (Apr. 03. 2015):

"Virginia joins more than a dozen other states in its decision to "ban the box" on job applications that prospective employees are asked to check if they have been convicted of a crime." (1)

Virginia becomes the 16th state to enact legislation as related to the ban-the-box movement.

In the city of Allentown, Pennsylvania the city council unanimously approved a localized version of ban-the box legislation.

From The Express Times (lehighvalleylive.com; Apr. 01, 15):

"City council on Wednesday unanimously approved a measure that removes from applications for city employment questions about whether an applicant has been convicted of a crime. The city will continue to conduct criminal background checks, but only after a conditional job offer has been made." (2)

But what is ban-the-box and how does it affect employers?

Adam Almeida, President and CEO of CriminalBackgroundRecords.com states: "Ban-the-box legislation eliminates the question box on an employment application that asks about criminal history. It also changes when and where the question about criminal history can be asked, specifically after a provisional offer of employment is made."

Ultimately employers operating under the rule of ban-the-box legislation must be very careful in conducting criminal histories and background checks.

Almeida states: "This should be greatly emphasized: If an employer does not know when and where they can ask about criminal histories they should engage a third-party background screening company in order to stay fully compliant under law and avoid costly litigation."

Besides treating all applicants on a level playing field at the pre-interview step, ban-the-box legislation may also provide additional benefits to society as a whole.

From BusinessNewsDaily.com (Aug. 13, 14):

"In addition to helping convicted criminals find work and stay out of trouble, banning the box could lead to a number of benefits to society as a whole, Stout said. For instance, people who are able to get back to work will have a better chance at becoming productive members of society who pay taxes and support other local businesses and institutions, rather than just recidivating, returning to jail or prison, and ultimately costing the taxpayers tens of thousands of dollars in correctional fees, he said." (3)

Almeida states: "Regardless of one's opinion ban-the-box legislation is gaining momentum and spreading across the country but until there is a single unifying law, local and state legislation will rule. It is critically important that employers understand local and state law, and remain compliant within the constructs of those laws."

CriminalBackgroundRecords.com is a third-party background screening company that assists organizations and companies large and small with all background screening requirements. Highly trained and skilled operators can assist in creating fully compliant pre-employment background check programs. With simple, easy-to-use, and secure on-line data portals, CriminalBackgroundRecords.com can offer a thorough, low-cost solution to all background screening requirements.

Notes:

(1)    reuters.com/article/2015/04/03/us-usa-virginia-employment-idUSKBN0MU19N20150403
(2)    lehighvalleylive.com/allentown/index.ssf/2015/04/allentown_city_council.html
(3)    businessnewsdaily.com/6969-criminal-history-job-applications.html

Share article on social media or email:

View article via:

Pdf Print

Contact Author

Dan Adams
Visit website