Monday, August 11, 2014

Ban the Box Update Reminder

This month two ban the box legislations will go into effect, Baltimore, Maryland; and San Francisco, California.  Both were passed earlier this year.  San Francisco also requires that the employer must provide the applicant with a written notice before making any inquiry into the applicant’s criminal history and display a poster in the workplace developed by the City’s Office of Labor Standards Enforcement (OLSE).

Aurico wants to remind employers to consider the timing for which they are inquiring about past criminal records and finds that the best practice trend is to eliminate the criminal question from the application.  Most of the ordinances that have passed the “ban the box” legislation allow for the question to be asked later in the process after a first interview and/or a contingent offer of employment.

Other states/cities ordinances passed for private employers are as follows: Hawaii, Illinois (January, 2015), Massachusetts, Minnesota, and Rhode Island, Baltimore, Buffalo, Newark, Philadelphia, Rochester, San Francisco, and Seattle.

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