Businesses have long relied upon criminal background checks as an effective tool in the employment screening process. However, there is a growing national trend to prevent criminal background checks from being used as barriers to employment.
At the federal level, the U.S. Equal Employment Opportunity Commission (EEOC), concerned about the potential disparate impact on minorities from employers’ use of arrest and conviction records, issued new guidance in April 2012 limiting employers from making adverse employment decisions on the basis of a criminal record unless it is job-related. State and local governments, on the other hand, faced with significant numbers of unemployed citizens with criminal histories, are implementing legislation that restricts the right to use criminal background checks in the employment application process. This so-called "ban the box" legislation requires employers to remove from employment applications any questions regarding criminal convictions. By removing the criminal-history obstacle to employment, these laws and guidance seek to increase public health and safety, and decrease discrimination against minorities.
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