Class action lawsuits involving the federal Fair Credit Reporting Act (FCRA) are not the only compliance concern for employers performing background checks in an increasingly complex legal environment. In addition, employers are impacted by state and local requirements, including “ban the box” laws and salary history prohibitions. This article is a brief introduction to these two subjects.
Ban the Box
“Ban the box” laws delay questions about the criminal history of applicants until later in the hiring process by removing the box applicants are asked to check if they have a past criminal record. The laws are designed to give ex-offenders a chance to show their knowledge, skills, abilities, and experience for a job and not be knocked out of consideration in the first place due to a criminal record.
