Ban The Box (The Fair Chance Act)

THE FAIR CHANCE ACT
More cities and states added ban the box legislation also referred to “Fair Chance Act”.  The increased legislation for 2017 included Philadelphia, and Los Angeles, joining over 100 other areas of the country.

Some of these areas include: Austin, Texas, Baltimore, Maryland, Buffalo, New York, Chicago, Columbia City, Missouri, Connecticut, Hawaii, Illinois, Los Angeles, Massachusetts, Minnesota, Montgomery County, Maryland, Nebraska, New Jersey, New York City, Oregon, Portland, Oregon, Philadelphia, Prince George’s County, Maryland, Rhode Island, Rochester, NY, San Francisco, Seattle, Washington, Washington D.C., Washington State.  

This type of legislation at the very least requires employers to eliminate the “criminal questionnaire” from the initial job application, but typically allows an employer to ask the criminal question later in the recruiting process, after a first interview or after a contingent offer of employment. Because of the increase in the number of cities and states, most employers have eliminated the questionnaire from the job application and do ask the question later on in the process.

Aurico recommends that the question continue to be asked, and a good time to ask the question is after a contingent offer of employment and during the background screening stage.  An CRA like Aurico should be able to accommodate presenting the question on behalf of the employer through technology and at the same time the candidate is providing information for their background screen.

Why is it a good practice not to ask the criminal question prior to a conditional offer of employment?
The purpose of ban-the-box legislation is to delay background check inquiries until later in the hiring process, so that employers evaluate applicants based on their qualifications rather than automatically screening out former offenders. Every ban-the-box law includes provisions that allow employers to run a background check and make inquiries about criminal records in accordance with state laws.

Why should an employer continue to ask this question? 

• An employer has an obligation to provide a safe work environment for employees, and visitors
• Protection against Negligent Hiring
• Falsification and a candidate not answering the question honestly could still be a factor to consider when making hiring decisions

STUDY SHOWS BAN THE BOX MAY BE A HINDRANCE TO EMPLOYMENT
Although we anticipate an increase in Ban the Box legislation across the country in 2017, there are studies that show the Ban the Box movement may actually hinder an applicant’s chance in getting a job.  According to a study by the National Bureau of Economic Research they found that ban the box policies decrease the probability of young, low skilled African American and Hispanic men.  In addition, their findings support the hypothesis when an applicant’s criminal history is unavailable, employers statistically discriminate against demographic groups that are likely to have a criminal record.

4 LARGE EMPLOYERS SIGN ONTO THE FAIR CHANCE PLEDGE
Another movement related to Ban the Box was the Fair Chance Pledge Initiative.  In addition to the increase in cities and states passing ban the box legislation, the White House started an initiative with businesses to sign onto a “Fair Chance Business Pledge” President Obama’s goal for this initiative is “a nationwide call-to-action to accomplish the shared goal of creating a stronger set of opportunities for people who have been impacted by the criminal justice system.”  Some of the large employers who have committed their pledge to this initiative include American Airlines, Coca Cola, Pepsico and Walmart. In addition to the initial pledge, other initiatives companies may commit to are:

• Banning the Box by delaying criminal history questions until later in the hiring process;
• Training human resources staff on making fair decisions regarding applicants with criminal records;
• Ensuring internships and job training are available to individuals with criminal records;
• Using reliable background check providers to help ensure accuracy;
• Hosting a Fair Chance and Opportunity Job Fair