Ban-the-Box Laws Set to Change or Enact in 2021 Should Push Hiring Managers to Review Background Screening Policies, Opines CriminalBackgroundRecords.com

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Every year laws governing the fair and legal use of public records as part of pre-employment background screening change or are enacted, and 2021 will not prove to be any different than the past. Adam Almeida, President and CEO of CriminalBackgroundRecords.com opines: “Every year there are changes to hiring laws and every year hiring managers and/or HR Departments should work closely with a well-qualified pre-employment background screening agency, such as CriminalBackgroundRecords.com to remain compliant with new laws, as well as existing.”

Criminal Background Checks Include County, Statewide, Multi-State and National Criminal Background Checks.

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January is a great time to review hiring policies, especially as many laws governing the use of public records such as criminal background records can change during this time.

On January 1, 2021 a number of laws related to pre-employment background screening will change or be enacted, including a number related to Ban-the-Box, laws which govern the use of Criminal Background History as part of the vetting process. Adam Almeida, President and CEO of CriminalBackgroundRecords.com suggests: “With the new year hiring managers and HR Departments must review their employment hiring policies to remain complaint with new and/or changing laws governing the use of public records and a best practice remains to work with a well-qualified third-party pre-employment background screening agency, such as CriminalBackgroundRecords.com.”

In 2021 several new or updated changes to Ban-the-Box legislation will take place, undoubtedly the first of many changes that will occur over the course of the year.

In St. Louis a new Ban-the-Box bill is set to become law on January 1, 2021 and will have an immediate impact on private employers across that city.

From JDSupra.com (Jan. 04, 21):

Effective January 1, 2021, private sector employers with 10 or more employees in the City of St. Louis must comply with Ordinance 71074 (the Ordinance), a ban-the-box ordinance that prohibits employers from asking job applicants about criminal histories during the initial employment screening process. Compliance with the Ordinance is required to obtain and maintain a business operating license in the City of St. Louis. (1)

Almeida adds: “Many companies have employees in multiple states, multiple jurisdictions with difference in law. Working with a third-party pre-employment screening agency that has a national and global presence remains a best practice.”

In New York City laws governing the use of criminal history records have been updated.

From JDSupra’s website on December 17, 2020:

On December 10, 2020, the New York City Council passed bill Int. 1314-A, which significantly expands the scope of New York City’s “ban-the-box” law, the New York City Fair Chance Act (FCA). The bill would impose significant restrictions on an employer’s ability to take adverse action against a job applicant or current employee based on pending criminal charges or arrests, or convictions arising during employment. The amendments would also prohibit asking for or considering adjournments in contemplation of dismissal1 or non-criminal violations2 in employment decisions. (2)

“In the end,” Almeida concludes, “early January is a great time to review hiring policies, especially as many laws governing the use of public records such as criminal background records can change during this time. A best practice for employers amongst such changes to law remains to work with a well-qualified third-party pre-employment background screening agency.”

CriminalBackgroundRecords.com is a third-party employment screening company, an advocate of SHRM, a member in good standing with the PBSA (Professional Background Screening Association) and for over 17 years has maintained an A+ Rating with the BBB (Better Business Bureau). The company has 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) jdsupra.com/legalnews/effective-january-1-2021-city-of-st-6907339/
(2) jdsupra.com/legalnews/new-york-city-expands-scope-of-its-ban-30591/

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