Employers are forced to walk an increasingly narrow tightrope as they decide whether to use an individual’s criminal history in making employment decisions. On the one hand, employers are concerned about subjecting themselves to liability by not having enough information about potential employees. On the other, many states and local governments are enacting “ban the box” laws that limit employers’ use of criminal history information.
This already precarious tightrope is being shaken as some states enact laws requiring employers to conduct background checks. For example, in the wake of widely publicized abuses involving former Pennsylvania State University football coach Jerry Sandusky, the Pennsylvania legislature recently enacted Act 153 of 2014, which requires specific types of employers, including colleges and universities, to require that certain applicants and employees submit to criminal background checks.
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