"Ban-the-box" laws are reshaping hiring, and HR professionals need to stay informed. These laws, now covering federal contractors and private employers across many jurisdictions, prohibit asking about criminal history on job applications. The goal is to give candidates with criminal records a fair chance by delaying background inquiries until later in the hiring process.
The public policy behind these laws is clear: enable individuals with past convictions to re-enter the workforce and contribute meaningfully to society.
As Emily Borna, an attorney with Jackson Lewis in Atlanta, noted, this doesn't mean employers must overlook criminal history entirely. Instead, these laws require that candidates be evaluated on their merits first, with background checks conducted only as warranted.
Many HR professionals mistakenly believe they can't ask about criminal history at all. In reality, most states allow these inquiries after a conditional offer of employment. However, some laws go further — limiting what can be considered (like marijuana convictions in California) or how far back employers can look.
Additionally, certain jurisdictions require individualized explanations of why a conviction is relevant before rejecting a candidate. Illinois, for example, mandates explicit reasoning in adverse action letters.
HR must also coordinate the interplay between "ban-the-box" laws, fair chance laws, and clean slate initiatives. For example, background checks may be required for safety-sensitive roles or to avoid negligent hiring claims.
But Susan Corcoran, an attorney with Jackson Lewis in White Plains, N.Y., emphasized the importance of dialogue: "Have a conversation with the candidate about possible disqualifying information before making any decision based on a background check."
"Ban the box" laws are just one trend in workplace compliance. Here's a look at other recent workplace legal news and trends.
New USCIS Guidance on $100K H-1B Fee Clarifies Who Is Covered
The U.S. Citizenship and Immigration Services (USCIS) has clarified that the new $100,000 H-1B visa fee primarily affects applicants outside the U.S., easing concerns for most employers and current visa holders.
IRS Boosts Commuter Benefit Limits for 2026
The IRS is raising pretax commuter benefit limits to $340 per month for parking and transit in 2026, offering HR increased employee support.
Social Security Announces 2026 Benefits Increase
Benefits will rise by 2.8% for 71 million people, due to the annual cost-of-living adjustment. Taxable maximum earnings will also increase.
Was this resource helpful?
Validate your HR expertise
Earning your SHRM-CP credential makes you a recognized expert and leader in the HR field.
Related Content
Learn how Marsh McLennan successfully boosts staff well-being with digital tools, improving productivity and work satisfaction for more than 20,000 employees.
The proliferation of artificial intelligence in the workplace, and the ensuing expected increase in productivity and efficiency, could help usher in the four-day workweek, some experts predict.
As artificial intelligence technology continues to develop, the demand for workers with the ability to work alongside and manage AI systems will increase. This means that workers who are not able to adapt and learn these new skills will be left behind in the job market.