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Growing Push for National Ban-the-Box Law Should Alert Hiring Managers; Opines CriminalBackgroundRecords.com


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March 11, 2021 Return to News & Events

Growing Push for National Ban-the-Box Law Should Alert Hiring Managers; Opines CriminalBackgroundRecords.com

With leadership change in the White House new laws are being presented in Congress, ones that may not have had traction recently, and a move to Ban-the-Box as a federal mandate has been reintroduced. Adam Almeida, President and CEO of CriminalBackgroundRecords.com opines: “Recent introduction of a bill to mandate Ban-the-Box legislation in both the public and private sector should immediately put hiring managers on alert and ensure current pre-employment background screening policies are compliant by working with a well-qualified third-party background screening agency, such as CriminalBackgroundRecords.com, as a best practice.”

Recently Rep. Maxine Waters (D-CA) and Rep. David Trone (D-MD) presented the Workforce Justice Act, an act that would mandate the removal of the criminal history question on employment applications. Adam Almeida, President and CEO of CriminalBackgroundRecords.com states: “The time may be now for a successful passage of the Workforce Justice Act, and hiring managers should take immediate note, ensure their hiring policies are current, and work with a well-qualified third-party pre-employment background screening agency to remain complaint with laws governing hiring.”

Ban-the-Box legislation has grown since the first bill emerged from Hawaii over 20 years ago. During the corresponding years many states and local municipalities have enacted similar laws requiring an elimination of the criminal past question on employment applications.

From HRDive.com on March 3, 2021:

There's a growing push in the U.S. to remove the barriers standing in the way of job seekers with criminal histories.

States and cities have adopted ban-the-box legislation, which prohibits employers from requiring applicants to indicate whether they have a criminal history record. (1)

In early March of this year Rep. Maxine Waters (D-CA) and David Trone (D-MD) introduced the Work Justice Act into Congress.

From a press release from the Office of David Trone, on March 3, 2021:

Ahead of the House of Representatives’ historic vote on the George Floyd Justice in Policing Act, Congressman David Trone (MD-06) and Congresswoman Maxine Waters (CA-43) introduced the Workforce Justice Act, which would encourage states to ‘ban the box’ on employment applications nationwide and give justice-impacted individuals a greater chance of gaining employment. (2)

Almeida adds: “Changing how the question of criminal history and related criminal history reports will be a significant move. For companies large and small this may cause considerable concern.”

From BlackEnterprises.com on March 5, 2021:

“This legislation to ban the box would take critical steps forward to ensure that the over 70 million Americans who have an arrest or conviction record are not left behind. By prohibiting private employers from asking about the criminal history of a job applicant prior to the extension of a conditional offer of employment … job applicants with a criminal history will be evaluated based on their qualifications alone and have a fair shot at rebuilding and reclaiming their lives.” (3)

Almeida concludes: “In light of this potentially historic legislation a best practice remains for companies and organizations to work with a well-qualified employment screening agency in order to stay ahead of emerging trends and law.”

CriminalBackgroundRecords.com is a third-party employment screening company, an advocate of SHRM, a member in good standing with the PBSA (Professional Background Screening Association) and for over 17 years has maintained an A+ Rating with the BBB (Better Business Bureau). The company has highly trained operators well versed in the needs and requirements of companies and organizations large and small utilizing public records, such as criminal background records, as part of a hiring process. Assisting companies in maintaining full compliance under the law is a central tenet of all client relationships with CriminalBackgroundRecords.com.

Notes:

  1. hrdive.com/news/2nd-cir-wont-reconsider-whether-criminal-history-hiring-ban-disparately-i/596058/
  2. trone.house.gov/media/press-releases/reps-trone-waters-introduce-historic-legislation-ban-box-employment
  3. blackenterprise.com/maxine-waters-introduces-bill-ending-bias-against-job-applicants-with-criminal-records/

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