Blogs

INDUSTRY NEWS

Ban the Box Laws Amended Across States and Local Municipalities

"Ban the box" laws, which prohibit employers from inquiring about conviction or arrest records on initial applications, have been enacted in 36 states and more than 150 municipalities in the U.S. Three areas that have recently updated existing laws are California, Hawaii and St. Louis, Missouri.

California

Frequently Asked Questions ("FAQs") for California's Fair Chance Act were recently released by the California Department of Fair Employment and Housing ("DFEH"). These FAQ offer guidance on the Fair Chance Act and address how the law works, employers subject to the law, and requirements to follow when employers elect to inquire about an applicant's criminal history.

The DFEH Council also amended regulations pertaining to criminal background checks and the hiring process. Effective October 1, 2020, the requirements of the Fair Chance Act will be incorporated into existing regulations to address consideration of criminal history in employment decisions. Amended regulations expand the definition of "applicant" to include individuals who begin working under conditional employment terms while the employer conducts a post-offer assessment of the individual's criminal history.

Additionally, the scope of the Fair Chance Act was expanded, requiring labor contractors and union hiring halls to comply with established regulations in choosing workers for pool or availability lists. Regulations also state that employers may be subject to additional requirements local ordinances may impose.

Hawaii

Shortening the lookback period, Hawaii amended the original "ban the box" law to even further limit the prior period of time employers can inquire into and consider conviction records. This timeframe was reduced from 10 years to seven years for felony convictions and five years for misdemeanor convictions, excluding periods of incarceration. These changes were enacted to support the reduction of "unnecessary employment discrimination against individuals with old and relatively minor conviction records, in furtherance of economic self-sufficiency, and to reduce crime and recidivism rates." Hawaii SB 2193 took effect September 15, 2020.

St. Louis, Missouri

Beginning January 1, 2021, employers in St. Louis maintaining 10 individuals or more will be prohibited from:

  • Utilizing an applicant's criminal history or related sentence to arrive at a hiring or promotion decision. Exceptions may apply if the employer can demonstrate that the decision is reasonably related to the duties and responsibilities of the position and was determined based on all relevant, reasonably available information including the frequency, currency and severity of the criminal history.
  • Advertising positions that exclude applicants based on criminal history and/or incorporating exclusionary language in job applications and other hiring process-related forms.
  • Inquiring about or requiring the disclosure of an applicant's criminal history on initial applications and related forms.
  • Seeking criminal history information on an applicant via publicly available means.

An employer may inquire into an applicant's criminal history after the employer has interviewed the applicant and determined that the applicant is otherwise qualified for the position. Additionally, the employer can only make this inquiry provided that all applicants in the post-interview selection pool are also questioned regarding their criminal history.

Takeaway for Employers

Employers are encouraged to review amended state and municipality "ban the box" legislation and determine if adjustments are required regarding internal workflows and protocols. Certiphi Screening suggests that clients consult with their account management teams regarding any questions pertaining to changes in "ban the box" legislation.

Posted: October 19, 2020


All Rights Reserved © 2020 Certiphi Screening, Inc.
This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

Sending...
Thank you for your interest in Business Information Group. We have received your message and will contact you in one business day or less.
Something went wrong. Try again
You have exceeded the number of attempts to submit this form. As a result, your IP address has been temporarily blocked.
Something went wrong. Try again

Get In Touch

Send a Message *fields required

What are your Interests?optional

Even our RFP PROCESS is state-of-the-art.

Find out why
RFP Kit

What Our Clients Are Saying

Everyone I have contacted at Certiphi has been a complete pleasure to work with. The Certiphi customer service rivals every other customer service I come in contact with. Everyone is always so professional, yet super nice! Thanks for all you do and keep up the amazing work and impeccable service that you provide!!!

Human Resources Assistant
Large Medical Staffing Firm

Thank you so much! You have such an incredible reputation within our office; I think we would all say your customer service levels are continually at about 125%!

Human Resources Generalist
Medical and Surgical Hospital

The response time has been very quick. The turnaround times are great. I love your systems and that I can go in and look at the process as its going.

Human Resources Manager
Medical Staffing Agency

It’s such a great customer service that you provide and I’m happy to tell that to anyone.

Pastoral Care Associate
Large Children's Hospital

Working with Certiphi has been such a pleasure. Certiphi has taught me so much, not just about backgrounds but also the meaning of great business.

Human Resources Specialist
Large Medical Staffing Firm

We flew through our NCQA licensure review.  We very much appreciate Certiphi's help in earning a 100% score for the files!

Accreditation Manager
Hospital System Analytics Company
Sending...
Thank you for your interest in Certiphi Screening. We have received your message and will contact you within one business day.
Our apologies, there was an error processing your request.  Please resubmit your message or contact us at 888-260-1370.
You have exceeded the number of attempts to submit this form. As a result, your IP address has been temporarily blocked.
Our apologies, there was an error processing your request.  Please resubmit your message or contact us at 888-260-1370.

Get In Touch

Send a Message *fields required

What are your Interests?optional

You are about to leave Certiphi.com

Ok, Continue Cancel

×
×