Recent Ban-The-Box Legislation Continues to Alter Legal Landscape of Background Screening, Opines CriminalBackgroundRecords.com

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With 2016 drawing to a close the time is now for all companies and organizations to work with a well-qualified third-party pre-employment background screening company to review all current and forward-looking screening policies in order to remain compliant. Adam Almeida, President and CEO of CriminalBackgroundRecords.com opines: “With ongoing Ban-the-Box legislation, which further complicates the use of public records, and year end, now is the best time to fully review pre-employment background screening procedures and policies.”

Criminal Background Records

Criminal Background Records

With ongoing Ban-the-Box legislation, which further complicates the use of public records, and year end, now is the best time to fully review pre-employment background screening procedures and policies.

The end of the year is a time for reflection on days gone by as well as plan for the future, and this process holds true regarding pre-employment background screening policies. Adam Almeida, President and CEO of CriminalBackgroundRecords.com opines: “Year-end is the best time to review all policies regarding employment screening and work with a third-party background screening company to ensure full compliance, especially with the continued expansion of Ban-the-box legislation.”

Recently officials in Los Angeles began work to “Ban-the-Box,” that is to eliminate the question of a criminal history on an application as well as when a background check can be conducted.

From the Los Angeles Times (Nov. 17, 2016):

Under the proposed “ban the box” or "fair chance" policy, employers would not be allowed to ask an applicant about his or her criminal history – or run a criminal background check – until they have been given a conditional offer of employment.

“It’s not about preventing you from doing that background check,” said Michelle Natividad Rodriguez, senior staff attorney with the National Employment Law Project. “It’s about giving people a fair shot at proving they’re qualified for the job.” (1)

Almeida opines: “Ban-the-box legislation has been controversial and has caused confusion for many employers across the country. As the year draws to a close a best practice for companies and organizations is to work with a well-qualified third-party background screening company in order to maintain full compliance with Ban-the-box as well as other existing and new laws governing background screening.”

In recent years the use of criminal background records has become problematic. The EEOC has pushed new guidance regarding the fair, lawful, and legal use of such records.

New laws and regulations governing the use of public records, especially criminal history, will continue to be enacted across the country.

Almeida states: “A good third-party background screening company will be fully aware and knowledgeable regarding all laws, especially Ban-the-box, governing background screening. Year-end is the very best time to work with such a company as new laws generally are enacted at the turn of the year. With Los Angeles moving toward Ban-the-box policies, the urgency to maintain full compliance continues to be highlighted.”

CriminalBackgroundRecords.com is a third-party background screening company that can provide compliant solutions for all screening requirements. From pre-employment to post-hire screening, as well as volunteer, caregiver and nanny checks, CriminalBackgroundRecords.com provides background screening services across a broad array of industries. From the smallest organization to the largest corporation, CriminalBackgroundRecords.com can fulfill every background screening requirement.

Notes:

(1)    latimes.com/local/lanow/la-me-ln-ban-the-box-los-angeles-20151117-story.html

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