It’s hard to believe that the ban the box movement began 20 years ago, when Hawaii passed a law restricting employers form considering candidates’ criminal history until a job offer had been made. Since then, similar laws have been enacted in 33 states and more than 150 cities and counties. Many HR professionals have found themselves struggling to find the balance between giving applicants with a criminal history a chance to be evaluated on their qualifications and being liable for negligent hiring. Some organizations, like the National Federation of Independent Business (NFIB), argue that these laws present safety and security issues for the business and don’t allow an opportunity for employers to legitimately have a need to know about a criminal record.
