Criminal background checks are often the source of questions when it comes to compliance with Equal Employment Opportunity laws. It is not uncommon for states to regularly review whether it is acceptable for employers to review a criminal background check on employees before hiring them.
If Rhode Island joins the "Ban the Box" movement they will be just one of many states that are adopting this practice. More and more states taking critical looks and employers who are running criminal background checks during the hiring process. This ban is applicable to both private and public employers and would make it illegal for them to run criminal background checks.
What the Exceptions?
The main gist of the ban make is unlawful for employers to ask an applicant before the interview if it would be ok to run a background check. Employers can not even ask the question "have you ever been convicted of a crime". This does not mean there are not loop holes.
Here are some employer situations where Ban the Box would not pertain. These are:
Any person applying for a position with law enforcement
Some particular crimes can cause a disqualification such as; educators that must ask if an applicant is a registered sex offender.
When a bond is required, and a criminal record would preclude the applicant from attaining the required bond.
A Ban on the Move
Rhode Island is certainly not the first state to jump on the Ban the Box band wagon. To date there are 10 states and about 50 cities that are making it illegal to conduct background checks during the interview process.
The employment landscape and certainly changed due to our current economic climate and it is still uncertain as to how this ban will affect employment as a whole. As for Rhode Island the ban will not be enforceable until January 2014.
If Rhode Island joins the "Ban the Box" movement they will be just one of many states that are adopting this practice. More and more states taking critical looks and employers who are running criminal background checks during the hiring process. This ban is applicable to both private and public employers and would make it illegal for them to run criminal background checks.
What the Exceptions?
The main gist of the ban make is unlawful for employers to ask an applicant before the interview if it would be ok to run a background check. Employers can not even ask the question "have you ever been convicted of a crime". This does not mean there are not loop holes.
Here are some employer situations where Ban the Box would not pertain. These are:
Any person applying for a position with law enforcement
Some particular crimes can cause a disqualification such as; educators that must ask if an applicant is a registered sex offender.
When a bond is required, and a criminal record would preclude the applicant from attaining the required bond.
A Ban on the Move
Rhode Island is certainly not the first state to jump on the Ban the Box band wagon. To date there are 10 states and about 50 cities that are making it illegal to conduct background checks during the interview process.
The employment landscape and certainly changed due to our current economic climate and it is still uncertain as to how this ban will affect employment as a whole. As for Rhode Island the ban will not be enforceable until January 2014.
About the Author:
Do you not clearly understand the Ban the Box movement. Go to www.MyScreeningReport.com to learn more. We help small business owners with applicant initiated screening reports. Take the legal onerous of responsibility off your shoulders and vist us Today!
No comments:
Post a Comment