The ban the box movement has spread like wild fire 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 with no current ban the box laws. Here are a few takeaways that employers could use to proactively prepare for ban the box:
1. Immediately remove any question(s) on an employment application that asks about previous criminal activity.
2. Ensure to comply with the Fair Credit Reporting Act (FCRA) and any state laws pertaining to employment background checks (disclosure form, applicant notices, and adverse action process).
3. Understand when hiring manager can ask about previous criminal activity (during interview, after conditional job offer has been provided).
4. Take action and remove any insensible bias against certain demographic groups.
5. Make sure to stay abreast of pending “ban the box” laws that if enacted can have legal ramifications to employers if they are unaware.