ASA Paper Speaks to Ban-the-Box Laws

On February 28, the American Staffing Association (ASA) published an updated paper on staffing firms’ ability to conduct and use criminal background checks. The use of these tools falls under the purview of the Fair Credit Reporting Act (FCRA), and guidelines are subject to various EEOC requirements and state and local ban-the-box laws.

Ban-the-box laws limit the conditions on when an employer may ask about a candidate’s criminal history. The updated paper from the ASA, “Background Checks: A Primer for Staffing Firms on Complying with Federal, State, and Local Laws,” is written by attorneys Pamela Devata, Esq., and Jennifer Mora, Esq., with law firm Seyfarth Shaw, LLP.  The paper provides details in a chart of various jurisdictions’ ban-the-box laws, as well as the nuances of these laws that are relevant to staffing firms seeking to navigate this complex legal area. Members of ASA can access this relevant article on the ASA website.

For additional information, consider attending the 2018 ASA Staffing Law Conference, which takes place May 10-11 in Washington, DC. This year’s conference will feature a session dedicated to recruiting issues, including criminal background, medical marijuana, and salary inquiry laws by federal, state, and local governments. Visit to learn more and register today.


Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the ASA (American Staffing Association), SHRM (Society for Human Resource Management) and the NAPBS (National Association of Professional Background Screeners).

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