Navigating the Hiring Pool with Ban the Box

In case you haven’t heard, Ban the Box is a growing movement and it looks like it’s here to stay. Every month it seems like we see a new city or state adding Ban the Box regulations.

It’s been around for 20 years now, so if you still have “the box” on your application, it may be time to think about removing it.

What is Ban the Box?
Ban the Box policies aim to make employers consider job candidates’ qualifications first, without the stigma of any criminal record. So-called “Ban the Box” initiatives are meant to provide job applicants a fair chance by removing conviction history questions on job application forms and delaying background check inquiries until later in the hiring process.

Each city and state have their own regulations when it comes to Ban the Box. Add to that Equal Employment Opportunity Commission (EEOC) and Fair Credit Reporting Act (FCRA) regulations, and that can make navigating the hiring pool difficult.

As always, you should check with your own legal counsel before changing any part of your background check program, but we have outlined some simple steps below to keeping your business compliant.

Obtain a Release
First and foremost, have the applicant sign a release form authorizing a background check.

Consistency
Run background checks on a consistent basis. Don’t just run one when you think an applicant looks fishy. That can lead to litigation down the road.

You can have a different set of reports that you run depending on the type of job, but make sure that you have clearly defined what types of reports you intend to run for each job.

If a criminal conviction is found, check to see if the conviction is relevant to the position. Again, consistency is key. Know beforehand what types of convictions would exclude someone from working in certain departments/positions.

Proper Applicant Notification
Follow FCRA guidelines if you choose not to hire based on the results of a background check.

  • Send a copy of the background check along with the Summary of Rights.
  • Wait the required 3-5 business days and send your Adverse Action Letter.

If you don’t know what the Summary of Rights or Adverse Action forms are, not to worry, we have you covered! Not only are these forms available on the Fastrax Select® website, but we can also turn on a feature for your account that will allow you to have us send the forms for you, with just the check of a box.

SELECTiON.COM® provides the comprehensive and customizable screening solutions needed to navigate the legal aspects of background screening. We stay up-to-date with all EEOC and FCRA regulations and provide you with all the forms you need on our proprietary system, Fastrax Select®, our easy to use one-click FCRA notification system that makes the FCRA compliance a breeze.

The Fastrax Select® system allows employers to stay compliant and provides them with the ability to follow the background check process from start to finish.

Our Applicant Entry system will obtain accurate information straight from the applicant, as well as provide an electronic release form for a permanent digital record of their FCRA consent.

Contact us today to see how SELECTiON.COM® can keep you compliant while taking your employment background check process to the next level. 

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