The Case Against Social Media Searches in a Socially Distanced World
The “ban the box” movement has spread like wildfire throughout the United States. Each week it seems that either a new state or city has jumped on the bandwagon. Employers should prepare for this new trend even if they operate in a state or city without current “ban the box laws.”
Here are a few takeaways that employers could use to proactively prepare for the “ban the box” movement:
- Immediately remove any question(s) on an employment application that asks about previous criminal activity
- Ensure compliance with the Fair Credit Reporting Act (FCRA) and any state laws pertaining to employment background checks (disclosure form, applicant notices, and adverse action process)
- Understand when hiring manager can ask about previous criminal activity (during interview or after conditional job offer has been provided)
- Take action and remove any insensible bias against certain demographic groups
- Make sure to stay abreast of pending “ban the box” laws that if enacted can have legal ramifications to employers if they are unaware
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