Showing Posts In "Criminal Records" Category





Title VII Concerning Employer Criminal Records Checks

Following the 2012 Equal Employment Opportunity Commissions (EEOC) update, Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, the EEOC has continued to enforce activities relating to employment criminal records checks. The EEOC suit against Dollar General signifies the resolve to […]


Alert: Californias Statewide Ban the Box Law Goes into Effect January 1

In January 2018, California will join several other states and major cities who have prohibited private employers from asking candidates about their criminal histories before an offer has been made. Inquiries will be acceptable only after an offer has been made. More specifically, the law makes it unlawful for California employers with five or more […]


Checking for the Future

The background screening industry has found itself caught in the middle of ban-the-box laws and variable marijuana legislation, but the role of the screening provider is more important than ever in helping organizations reduce risk, maintain compliance and hire the best candidates. Ban the Box, or the Fair Criminal Records Screening Standards Ordinance, dictates that […]


As Ban the Box Spreads, Private Employers Still Have Questions

Fueled by the ban the box movement that removed the box that asks about criminal history in 29 states and 150 counties or cities, many small businesses are considering fair chance employment. The Center for Economic and Policy Research has revealed that when people with records cant find employment, the gross domestic product (GDP) is […]


Tips on Staying Compliant with Background Checks

With employment laws consistently being updated, there is an increase in the need for employers to stay ahead of hiring regulations. Although regulations regarding “Ban the Box” vary from state to state, the meat of this law states that the checkbox for prior convictions must be removed from initial job applications. Many employers have moved […]


Another State Bans the Box for Private Employers: Tips on Keeping Your Company Compliant

California recently became the next state to “Ban the Box.” AB 1008 prohibits most public and private employers with five or more employees from asking applicants about criminal convictions until after a conditional offer of employment has been made. The bill requires that employers consider each case of offense on an individual basis. Employers also […]


A New Study Shows Ban the Box Policies Are Working

The National Employment Law Project (NELP) notes that more than 150 cities in 28 states have adopted some version of Ban the Box laws, with similar laws expecting to be passed in additional cities and states. The goal of the law is to prevent employers from automatically disqualifying candidates with minor or irrelevant convictions without […]


Evaluating Job Applicants with Criminal Histories

Second chance hiring of job candidates with criminal records may provide benefits for both candidates and companies. The best way to see this through is to have a screening process that eliminates employment barriers based on eligible expungable or sealable criminal records. Expungement refers to erasing certain criminal records, while sealing a records typically means […]


Screen for Success: The Importance of Legal Compliance in the Hiring Process

While employment lawyers spend a substantial amount of time advising clients about legal issues arising out of employment separations, they receive far fewer requests for legal advice about the hiring process. Understanding the details of background screening becomes ever more important for employers operating across state lines, where various “ban the box” laws may exist. […]


When Banning One Kind of Discrimination Results in Another

While “ban the box” policies have enabled those with criminal backgrounds to be considered for employment, the law may be hurting the minority groups it is designed to protect. According to the National Bureau of Economic Research, the probability of hire is greatly reduced by the policy, which highlights certain groups. Read more




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