Ban-the-Box Enacted In Colorado; Vetoed in Maryland - On-going Change Affecting Hiring Managers

Ban-the-Box Enacted In Colorado; Vetoed in Maryland - On-going Change Affecting Hiring Managers

Ban-the-Box legislation activity continues across the county and action in Colorado and Maryland highlight continued challenges faced by hiring managers and HR Departments. Adam Almeida, President and CEO of CriminalBackgroundRecords.com states: "The actions with Colorado enacting Ban-the-Box legislation and Maryland denying Ban-the-Box to be implemented highlight the challenges employers face with laws governing the use of criminal history reports as a part of pre-employment background screening; and yet a subsequent best practice remains to work with a well-qualified third-party background screening agency in order to remain fully compliant with law."

With Ban-the-Box legislation being enacted in Colorado and vetoed in Maryland, the challenges faced by HR Departments and hiring managers is greatly highlighted. Adam Almeida, President and CEO of CriminalBackgroundRecords.com states: "In the age of Ban-the-Box legislation a best practice remains to work with a third-party background screening agency in order to remain current and compliant with law."

In May 2019 the governor of Colorado, Jared Polis signed and enacted a statewide Ban-the-Box law, affecting all private employers.

From JDSupra.com (May 31, 19):

On May 28, 2019, Colorado Governor Jared Polis signed the Colorado Chance to Compete Act (House Bill 19-1025), which will prohibit employers from asking about criminal history on an initial written or electronic application. Colorado employers should immediately assess whether they are covered by the new law and, if so, whether they need to update their employment applications and other pre-hire screening policies. ⁽¹⁾

Almeida states: "Whenever a law, such as HB 19-1025 in Colorado, goes into affect all employers, large and small, should review polices and job applications to ensure they are in full compliance with law. While working with a third-party background screening agency should remain a best practice."

In Maryland efforts to enact Ban-the-Box legislation fell short. After passing through both state houses the bill was vetoed by Governor Larry Hogan.

From the Washington Post (May 24, 19):

He also vetoed “ban the box” legislation that would have prevented many employers from inquiring about an applicant’s criminal history until after an initial job interview. In his veto letter, the governor said employers have the right to screen applicants’ criminal histories upfront. Advocates say the bill is crucial for former inmates who struggle to find jobs. ⁽²⁾

Almeida concludes: "Laws governing the use of public records, including criminal history reports, continue to change and evolve. As employer's struggle with the challenge of remaining fully compliant with law a best practice remains to work with a well-qualified third-party employment screening agency."

CriminalBackgroundRecords.com is a third-party background screening company, and advocate of SHRM, that can provide compliant solutions for all screening requirements. From pre-employment to post-hire screening, as well as volunteer, caregiver and nanny checks, CriminalBackgroundRecords.com provides background screening services across a broad array of industries. From the smallest organization to the largest corporation, CriminalBackgroundRecords.com can fulfill every background screening requirement.

Notes:

(1) jdsupra.com/legalnews/colorado-enacts-statewide-ban-the-box-72366/
(2) washingtonpost.com/local/md-politics/hogan-vetoes-ban-the-box-legislation-bill-to-abolish-handgun-permit-review-board/2019/05/24/

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