If you are hiring employees, you must do your due diligence and screen all potential new hires while bearing in mind your state’s ban-the-box laws.
When you are screening employees, there are many regulations that limit what questions you can ask. These laws vary by state, and the punishment for violating these screening regulations can be severe!
If you ask inadmissible questions, you could be held liable for breaking the law, even if you are acting in good faith.
Regulators do not care if you intentionally break the law during your employee screening process; they will pursue you regardless!
This is why it is imperative that you download this free cheat sheet that outlines exactly what questions you are not allowed to ask new hires.
With the ever changing landscape of “ban-the-box” laws and Fair Chance Act initiatives, it is time to put all of these convoluted and contradicted laws into one simple document that any hiring manager can understand.
The“ban-the-box” movement is a huge change to the background screening process, and something that will have a huge impact on your hiring process. These new laws are confusing for employers, cities, counties, and contractors to comprehend.
The reason that these initiatives exist is to remove barriers to employment for certain classes of people who have experienced disparate impact simply by having a criminal background.
The Fair Chance Act mandates that employers completely remove the question on their employment application inquiring about past criminal history.
This means that you cannot initially ask any applicant about their criminal record until you are much further along in the hiring process.
While this may seems pretty straightforward, this is not the case as there currently is not a federal “ban-the-box” law.
If employers fail to comply with these laws, fines and penalties may be in the millions since there currently is not a capped amount associated with violations of the FCRA. Professional applicants may also maliciously set up employers who are not in compliance with “ban-the-box” laws for the applicant’s own personal gain, even if no actual harm was done.
This is why it is essential that you download the free white paper right now!
Our infographic has been organized by states to include:
- Any state laws pertaining to private/state employment
- Counties within the state that may be subject to private/county employment
- Cities within the counties that may be subjected to private/city employment
Each law’s requirements are also defined for its respective jurisdiction, whether it is for:
- Eliminating the question on the application
- Requiring a conditional job offer
- Following the EEOC individual assessment
- Giving the applicant an opportunity to appeal a denial of employment
- Providing a copy of the background screening report regardless of their hiring status