Criminal Background Records
The challenge of compliance gets further complicated for hiring managers with every new law governing the use of criminal history reports and related documents utilized in pre-employment background screening.
WALTHAM, Mass. (PRWEB) October 14, 2019
Ban the Box laws continue to expand across the United States and the new laws could pose a challenge for employers, especially those with a multi-state presence. Adam Almeida, President and CEO of CriminalBackgroundRecords.com states: “New laws in Waterloo, Iowa and Columbia, South Carolina highlight the immediate need for hiring managers to work with a well-qualified third-party employment screening agency in order to remain fully compliant with law.”
Pre-employment background screening can be a complicated task. Adding Ban the Box laws only further complicates the process.
Almeida adds: “The challenge of compliance gets further complicated for hiring managers with every new law governing the use of criminal history reports and related documents utilized in pre-employment background screening.”
From BloombergLaw.com (Sep 09, 19):
… California’s law requires private and public employers to conduct criminal background checks after a conditional offer of employment has been made. In New Mexico—one of the latest states to adopt legislation—the question is prohibited on the initial job application, but can be asked at a subsequent interview before an offer is made. (1)
With the proliferation of Ban the Box laws there are some that question the effectiveness of reducing barriers for certain segments of society.
Almeida states: “Studies may suggest that these laws are not improving opportunity as much as one might expect, but Ban the Box laws continue to be introduced, such as the recent laws in Waterloo and Columbia.”
From USNews.com (Sep 10, 19):
Some studies show that ban the box laws could actually have a negative impact: When employers aren't allowed to ask about applicants' criminal background early in the hiring process, they may be more likely to assume certain applicants – especially black and Hispanic men – have a criminal history, denying jobs to qualified applicants who don't have a criminal history. (2)
With the passage of Ban the Box laws in Waterloo, Iowa and Columbia, SC yet another layer of complexity has been added to pre-employment background screening, especially as related to criminal background records.
Specific to Columbia, South Carolina an article at JDSupra.com (Sep 9, 19) states the following:
Employers located in Columbia, South Carolina should immediately determine whether they need to revise job applications, interview guidelines, and policies and procedures for criminal background checks. Employers throughout the United States, and particularly multi-state employers, should continue to monitor developments in this and related areas of the law, including laws restricting the use of credit history information and applicable fair credit reporting laws. (3)
Almeida concludes: “A best practice remains that whenever a Ban the Box law goes into effect hiring managers should be alerted to review background screening policies, especially for companies with a multi-state presence.”
CriminalBackgroundRecords.com is a third-party background screening company with an A+ Rating from the BBB, a longtime member of the PBSA and advocate of SHRM with highly trained operators well versed in the needs and requirements of companies and organizations large and small utilizing public records, such as criminal background records, as part of a hiring process. Assisting companies in maintaining full compliance under the law is a central tenet of all client relationships with CriminalBackgroundRecords.com.
Notes:
(1) news.bloomberglaw.com/daily-labor-report/proliferating-ban-the-box-laws-expand-patchwork-for-employers
(2) usnews.com/news/best-states/articles/2019-09-10/ban-the-box-laws-could-negatively-impact-minorities
(3) jdsupra.com/legalnews/columbia-south-carolina-enacts-ban-the-93265/