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Ban the Box and Criminal Record Laws

Employers and HR Managers are on constant alert for changes to state and federal background check regulations to prevent discrimination in hiring practices and screening laws. This includes the evolving Ban the Box laws.

The phrase “Ban the Box” was coined by groups in a civil rights campaign on behalf of ex-offenders who frequently were unable to secure or were limited in the jobs for which they could apply or be hired.

The underlying concept was if an ex-offender could not find a job, a higher percentage of those people would tend toward recidivism. So, instituting more advantageous hiring policies would benefit society by fewer ex-offenders backsliding.

Advocates of the program agree to its necessity because of stricter laws governing drug crimes—which may have been the result of a wrong decision in an applicant’s youth.

Those who disagree argue it exposes their businesses and employees to higher risk and potential crime. Some propose it could also expose employers to more lawsuits from unsuccessful candidates. However, those who wished to quiet the campaign may have inadvertently enforced the Streisand Effect on it.

Either pro or con, there is an official guidance offered by the EEOC. The guidance provides details (in Section III, A.) regarding contextual framework for use of criminal record-screening.

Criminal Record

As with the Ban the Box trend, employers are expected to consider an applicant’s qualifications before learning about their criminal history. To date, more than 150 cities and counties and 30 states have adopted the fair chance practice.

States, too, have included their interpretations to the ban the box and criminal record checks, such as how long after the criminal history the employee is applying, and how grave was the offense. These amendments help the employer to assess individuals concerning the duties inherent to the job.

About DataScreeening.com

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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Is a Former Employer’s Bad Reference Harmful?

Company XYZ wanted to hire Joe Blank. He seemed the perfect candidate to fill the job after a lengthy and exhaustive search. Is there such a thing as a too ideal candidate?

Even his credentials seemed a masterful fit to the position’s requirements. If Joe was so perfect, then why did he have two bad references?

One negative reference would have been conceivable to overlook. But two?

The firm decided to dig deeper to find out why and asked the staffing agency that had found Joe to look further into his background. Was it possible that two of Joe’s former bosses had real issues with Joe’s performance? Were they crazy or was it sour grapes?

Here are three points to consider about references:

  • The Rant. When a former manager begins with negative comments and continues on a rant, it may be time to disregard the conversation. After all, the agency had spoken with Joe but didn’t know anything about the person providing the reference except that Joe had given the agency the name. And, yes, it is possible that two bosses had given bad references. People do tend to report negative qualities rather than positive ones.
  • The Truth. When Joe had applied for the position, he had been candid that he left his former positions with some conflicts. He admitted that he had ethical issues with some of the tasks his former managers had asked him to do.
  • The Excuse. The person providing the reference appeared double-minded. “What would you like to hear? Joe did his job okay, but I just didn’t like him. So, I wish you better luck.” Then before the agency representative hung up, she heard Joe’s former manager say under his breath, “Joe doesn’t know what he’s worth. If I give him a bad rap, he can’t leave.”

The point of any reference is to confirm what the interview has revealed. While it can push a decision forward, it also can feel like such a shot in the dark that it’s best to disregard what is said and rely more on the background screening.

In Joe’s case, the third reference gave glowing remarks and answered the representative’s questions in detail which persuaded her that Joe was worth receiving the job offer.

About DataScreeening.com

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).

 

How may we help you today?