Ban the box legislation is affecting the hiring practices and process of employers by directly impacting the pre-employment inquiries into an applicant’s criminal records, People with criminal records will find that it will be difficult to get a job which is often due to employers and their use of blanket policies that will ultimately exclude applicants with criminal records. Many states and cities and counties ha enacted ban the box legislation recently which will limit the use of criminal records in the employment process and hand ex-offenders’ opportunities to get over just the job application and a better chance to get offered a job and actually getting it.
Banning the box adds questions about criminal records that will later pop up in the pre-employment screening and hiring process but it does not prohibit a check on criminal records earlier to employers making a job offer. The makers of the ban the box legislation will argue that the benefits of it will reduce unemployment, decrease the offenders to repeat their crimes increase employer’s pool of qualified employees and prevent racism and race discrimination resulting from disparate impact.
Ban the Box Legislation
Always understand that ban the box does not prevent employers from conducting checks on criminal records. Background checks are allowed by the Fair Credit Reporting Act. 92 percent of all employers conduct a check on criminal records on applicants even though this varies across the industry segments and job categories. And ban the box legislation are not pushing employers to hire people with criminal records nor does it make criminal records have a protective group or prevent employment discrimination on ex-offenders.
Ban the box puts the questions about criminal records in the pre-employment screening and hiring process. A major advocate of the ban the box legislation is an approach to act as fair chance that will help improve the employment prospects of ex-offenders by giving the entire applicant an opportunity to pass the qualification on jobs without automatically being rejected because of their criminal records.
Why Ban the Box?
The ban the box legislation has a major argument which is an economic one. Because of the stigma associated with having criminal records, ex-offenders are experiencing a lot of difficulty in finding jobs that those who don’t have criminal records.
Concerns of Employers about Banning the Box
Employers have safety concerns with ban the box legislation, disagreeing and arguing that the safety of the public could be a risk if there are restrictions in questioning about the applicant’s criminal records. Employers are under the Occupational Health and Safety Act, which they are legally responsible for providing a hazard free workplace that will avoid death or serious harm to their employees. So any constraints to prevent employers from asking for criminal records are at conflict with the legal mandate to keep the safety of the workplace.
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