March 30th, 2016 | Sterling
Has Your State Banned the Box?
Nearly half of employers (48%) believe ban the box laws—which outlaw the checkbox on job applications that asks candidates if they’ve ever been convicted of a crime—are unfair to them, according to our “Employment Screening 2015: Background Screening Trends & Practices” survey of more than 500 individuals. Participants in the survey represented over two dozen industries, including technology, banking, healthcare, government/military, manufacturing, and professional services, and hold roles ranging from front-line managers to the c-suite.
More than half of employers (53%) continue to ask candidates to self-disclose criminal histories on applications, despite the growing number of ban the box laws and Equal Employment Opportunity Commission guidance that advises against the practice.
Passed by more than 100 cities and counties and at least 18 states, ban the box laws appear to be having an impact on some employers’ practices: in 2014, 66% of respondents said they asked candidates to self-disclose their criminal histories on job applications, 13 percentage points more than this year.
One of employers’ primary complaints about ban the box laws is that there is little or no consistency among them, making compliance difficult, especially for multistate employers. Some of these laws do little more than ban the box, but others add onerous and unique reporting requirements. In fact, 26% of respondents to the 2015 survey reported finding ban the box laws confusing.
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This publication is for informational purposes only and nothing contained in it should be construed as legal advice. We expressly disclaim any warranty or responsibility for damages arising out this information. We encourage you to consult with legal counsel regarding your specific needs. We do not undertake any duty to update previously posted materials.