Thinking Outside The Box On Ban-The-Box Legislation

Amy Strauss’ article “Thinking Outside The Box On Ban-The-Box Legislation” was featured in Law 360 on November 2, 2015.

Have you been convicted of a criminal offense? Check yes or no. We’ve seen this many times on job applications, and many of us never give it a second thought. However, this one line has spurred a national civil rights movement backed by advocates for job applicants with criminal convictions. The ban-the-box movement began in 1998, when Hawaii became the first state to ban employers from including questions on its job applications about criminal convictions. We have seen this initiative pick up steam in the past five years, as 18 states have passed similar laws banning employers from asking about an applicant’s criminal history and running background checks during the application process. This leaves many in-house attorneys and human resources departments in limbo as they strive to balance safety and business necessity with the U.S. Equal Employment Opportunity Commission’s views on fair hiring practices.

In the article, Amy addresses the following topics:

• In Some States the Box Is Legal, But Some Questions Are Not
• EEOC Weighs in on Banning the Box and Background Checks

To read the full article, please visit Law 360.