This month Virginia became the 15th
state to enact some form of a “ban the box” law, though the Virginia rule would
only apply to applicants for government jobs.
It is, however, the latest in a growing effort to enact similar mandates
on employers.
“Ban the box” legislation would
prohibit employers from asking prospective employees about prior criminal
convictions on the initial job application and delays the background check to
later in the hiring process – after a contingent job offer has been made.
Support for this legislation has
been growing around the country for some time.
Supporters of Ban the Box argue that nearly 70 million American adults
have a criminal conviction which can create serious problems for jobseekers and
may eliminate them from many types of careers.
For small business owners, this
trend is alarming. Employers argue they are required to keep their workplaces
safe and “Ban the Box” could create negligent hiring circumstances, putting
businesses and employees at risk.
Additionally, small businesses with
less than 10 employees may not have a human resources department to handle new
hires. In these circumstances, business owners may not be able to afford the
time to wait until later in the hiring process to uncover a prospective
employee’s criminal history.
“Ban the Box” legislation has been
introduced in Pennsylvania. SB 431,
introduced by Senator Vincent Hughes (D-Philadelphia) would prohibit any
employer from inquiring about, or requiring disclosure of, the criminal record
of an applicant until the interview phase or until a conditional offer of
employment has been made.
