Many industries may need to reassess their reliance on background checks in regard to their employment practices. Brent Douglas, a partner at the law firm Hahn Loesser, explained that the use of such checks has dramatically decreased due to the rise in “ban the box” laws. These are legislations that prevent employers from requiring job applicants to indicate if they have any criminal history. The revelation was shared during an insightful audio interview found at JD Supra.
- Background Checks: Rethinking Their Use
In a world increasingly concerned with both security and fairness, the practice of background checks is under scrutiny. Their use has been massively reduced in many sectors, partly due to the rise of “ban the box” laws. These regulations impede employers from asking candidates to confirm if they have a criminal past during the application process.
- “Ban the Box” Laws
“Ban the box” is more than a trend; it’s a legal shift towards non-discrimination. This movement aims to create fair opportunities for those with past offenses and to counterbalance the potential bias in hiring decisions. Removing the “box” from applications which asks about an applicant’s criminal history, fosters a more inclusive environment and in some cases, it is now the law.
- Potential Legal Risks
Douglas also expressed caution regarding the legality of blanket background checks. He suggested that in some jurisdictions, it may not be allowable to screen all applicants en masse for criminal histories. This is likely only permissible after a job offer has been made.
In essence, hiring departments must be careful not to to unfairly discriminate against potential employees, but at the same time, they must also ensure that they are not exposing their organizations to undue legal or security risks. As always in such matters, appropriate balance, due diligence, and legal counsel are key.
More details on this topic can be explored in the full audio interview found on JD Supra, concluding remarks by the Society of Corporate Compliance and Ethics.