There is a sweeping trend of new employment laws surfacing around the United States that will require employers to delay any knowledge of a candidate’s criminal history until it has been determined that the candidate has met all other requirements of the job. Employers who currently conduct criminal background checks prior to extending a written job offer may now need to change their workflow and interview candidates who are otherwise qualified. Of course, exceptions do apply for positions that require licensure and certification.
This “Ban the Box” trend has been adopted by at least 13 states as well as local municipalities that have passed legislation that requires employers to remove any questions about a person’s criminal history on their employment applications. Additionally, employers may not publish employment advertisements indicating that a person with one or more crimes, or has been arrested, is not eligible for a job. New Jersey has become one of the latest states to implement its version of the law, which goes into effect on March 1, 2015. In addition to the 13 states, local municipalities including San Francisco, Washington D.C., Seattle, Philadelphia, Baltimore and Buffalo have all implemented similar laws.
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