Q & A – Ban the Box
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Q: I’ve heard about “Ban the Box” legislation, and we’ve removed all questions about criminal history from our employment application. Are we still allowed to ask about criminal history and run criminal background checks? If so, when?
A: I can’t speak to your specific “Ban the Box” laws/regulations because they are all somewhat different, but usually they only require that you remove the question box from the application. If you are going to perform a criminal background check later in the process, you may want to let applicants know that on your application so they know they will be subject to one.
We recommend that employers run background checks either at the end of their hiring process or after a contingent offer of employment has been extended — meaning that you’re offering them employment contingent on a clean background check.
And remember, if you decide not to hire someone because of what appears in their background check, you may be legally obligated to provide the background report to them.
