Fifteen states and more than 20 cities or counties in the United States have passed legislation for private employers to consider the applicant’s job qualifications before reviewing their criminal record. Although no federal statute or legislation is currently in place, this could come in time. The evolving Ban the Box landscape has changed what can legally be reported, or considered, and could lengthen the screening process time. Additional jurisdictions are expected to enact similar legislation in response to Equal Employment Opportunity Commission (EEOC) guidance on criminal reporting. Employers should keep in mind, however, that the Ban the Box movement does not prohibit criminal record checks as part of the hiring process, but that record, in itself, should not disqualify someone from a job opportunity.
