Ban The Box Best Practices

Tom_Coz1_lowresOur Vice President of Legal & Compliance Affairs regularly deals with “Ban the Box” and other background check related issues.

NOTE: The contents of this page are not legal advice for your particular situation. You should neither act nor rely upon anything stated on this page without first consulting your own legal counsel.

10 Fair Chance Policies Best Practices:

  1. Avoid stigmatizing language on application forms, such as “ex-offenders” or “ex-felons.”
  2. Avoid blanket exclusions and instead include an equal opportunity statement on job applications.
  3. If a criminal record is uncovered, only consider convictions with a direct relationship to job duties and responsibilities and also consider the length of time since the offense.
  4. Ensure that each applicant receives an individualized hiring assessment without reference to any past conviction history.
  5. Remove pre-hire inquiries into convictions from job application forms.
  6. Remove pre-hire self-reporting questions about an applicant’s prior conviction history.
  7. If a job applicant is rejected because of a past criminal record, inform the applicant of that fact.
  8. Provide the applicant the right and sufficient time to submit evidence of mitigation or rehabilitation regarding any past convictions.
  9. Be aware of when states expand the “fair chance policies” to private employers.
  10. Combine criminal conviction data collection and effective enforcement.

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