This Month Only! >> $20 off and a FREE SHRM tote with your membership and code TOTE2018!
Sign up for free email newsletters and get more SHRM content delivered to your inbox.
Is your employee handbook keeping up with the changing world of work? With SHRM's Employee Handbook Builder get peace of mind that your handbook is up-to-date.
Build competencies, establish credibility and advance your career—while earning PDCs—at SHRM Seminars in 12 cities across the U.S. this spring.
#SHRM18 will expand your perspective – on your organization, on your career, and on the way you approach HR. Join us in Chicago June 17-20, 2018
Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item.
Ban the box refers to the check box on employment applications asking whether a job candidate has ever been convicted of a crime. Ban-the-box laws require employers to put off asking about a candidate’s criminal history until after an interview has been conducted or a provisional job offer has been extended.
Fourteen states, Washington, D.C., and over 100 cities and counties have passed ban-the-box laws. The majority of these laws apply only to public employers, but blanket ban-the-box laws impacting all sectors are on the rise. Six states—Hawaii, Illinois, Massachusetts, Minnesota, New Jersey and Rhode Island—and twelve localities—Baltimore; Buffalo, N.Y.; Chicago; Columbia, Mo.; Montgomery County, Md.; Newark, N.J;, Philadelphia; Prince George’s County, Md.; Rochester, N.Y.; Seattle; San Francisco and Washington, D.C.—have banned the box for private employers as well. Notably, the nation’s largest retailer, Wal-Mart, adopted a ban-the-box policy in 2010, and Target removed questions about criminal history from initial job applications in 2014.
According to estimates from the National Employment Law Project, about 70 million people in the United States have a criminal record. “This creates a serious barrier to employment for millions of workers, especially in communities of color hardest hit by decades of overcriminalization,” the letter said.
The White House launched the My Brother’s Keeper initiative in 2014, to address “persistent opportunity gaps faced by boys and young men of color and ensure that all young people can reach their full potential.” The program connects young people to mentoring and support networks and strongly endorses hiring reforms in order to “give applicants a fair chance and allow employers the opportunity to judge individual job candidates on their merits as they re-enter the workforce.”
The letter to the president stated: “Building on the momentum across the country and the rebounding economy, now is the time to take executive action to open employment opportunities for the growing numbers of Americans who have been unfairly locked out of the job market because of a record.”
The Office of Federal Contract Compliance Programs directive on criminal background checks already cautions contractors that the consideration of criminal records in hiring or other personnel decisions may have a disparate impact on racial and ethnic minorities in violation of Title VII of the Civil Rights Act of 1964.
Roy Maurer is an online editor/manager for SHRM. Follow him
You have successfully saved this page as a bookmark.
Please confirm that you want to proceed with deleting bookmark.
You have successfully removed bookmark.
Please log in as a SHRM member before saving bookmarks.
Please sign in as a SHRM member before saving bookmarks.
Please purchase a SHRM membership before saving bookmarks.
An error has occurred
Recommended for you
Join SHRM's exclusive peer-to-peer social network
SHRM’s HR Vendor Directory contains over 10,000 companies