A trending issue in employment law involves the hiring of people with a criminal history, which can present two very different factors. A good-paying job may be one of the best ways to prevent criminal recidivism, but employers often worry about being sued for negligent hiring. “Ban-the-box” laws across the country aim to give people with criminal convictions a better chance of making it past the application-screening and interviewing stages of the hiring process. In California, for instance, public sector employers are prohibited from inquiring into an applicant’s criminal history until the applicant has met all other qualifications for a job. In order to remain compliant with the state’s law, employers should remove questions regarding convictions of crimes from job application forms and should refrain from asking questions about an applicant’s criminal history during the interviewing stage. Exceptions do apply, however, for those who hire for positions where any state, federal, or local law requires a criminal background check or restricts employment based on criminal history, such as people with violent, sex, or drug crime convictions.
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