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States limit asking about prior criminal offenses on job application (2015)

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In August 2014, SHRM published "Ban-the-Box Movement Goes Viral" which summarized the status of the Nationwide Ban-the-Box Laws which included the following:

    "Currently, 13 states have passed ban-the-box laws: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nebraska, New Jersey, New Mexico and Rhode Island."

    "Ban the box refers to the check box on employment applications asking whether the candidate has ever been convicted of a crime. Ban-the-box laws require hiring managers to put off asking about a candidate‚Äôs criminal history until after an interview has been conducted or a provisional job offer has been extended."

    "No two versions of ban the box are the same, and they often conflict or overlap with existing anti-discrimination laws, the Fair Credit Reporting Act (FCRA), and other laws requiring or relating to background screening"

    "Sorenson advised HR professionals to find attorneys with employment screening expertise to review their hiring practices that may be impacted by ban-the-box laws in their hiring locations. HR should be prepared to provide counsel with a list of all hiring locations, a document outlining the hiring process, and documents that are involved in the hiring process, including employment applications, offer letters and adverse-action notices, she said"

Other ongoing legislation includes New Mexico for which, in March 2015, the Drug Policy Alliance published "Ban the Box Bill Passes New Mexico Senate" which said:

    "The bill will largely impact those individuals with criminal convictions from their youth who still must check the box despite their qualifications for the job or subsequent rehabilitation"

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