Ban the box does not mean that Background Checks have been banned. In this video Santoni President/CEO Tim Santoni explains what the Ban the Box initiative is all about on this video.
Cities, counties and states across the country have gotten laws past that prohibit employers from asking prospective employees if they have been convicted of a crime in the application process. This initiative has been coined “Ban the Box…”
There is a link below to an article that outlines the cities and counties that have adopted Ban the Box.
This does not mean that you cannot conduct background checks on your new hires. This does mean that you may have to alter your hiring documents if you conduct business or hire people in certain cities and counties.
Most of the class action lawsuits filed against employers for hiring practice stem from the non-compliance with forms and disclosures signed during the on-boarding process. To avoid some of the major issues that attorneys are focusing on we recommend you follow these best practice
1. Follow state and federal rules so that you are sure to conduct the background check at the proper time in the hiring process
2. Use compliant forms and disclosures- this mean that the applicant needs to authorize the background check and they must know which partner you are using to conduct the search. A blanket form in your application does not meet the requirements of the FCRA
3. Provide a consumer copy of the report to all applicants who request it
4. Re-investigate any reports where an applicant contests the results.
5. Use compliant Pre-Adverse and Adverse Action forms