As reported in the Hunton Employment & Labor Perspectives Blog, the “ban the box” movement continues to sweep through state legislatures. “Ban the box” laws, which vary in terms of scope and detail, generally prohibit employers from requesting information about job applicants’ criminal histories. Recent legislation in two states applies “ban the box” prohibitions to private employers in those states:
- On December 1, 2013, a new North Carolina law went into effect that prohibits employers from inquiring about job applicants’ arrests, charges or convictions that have been expunged. This prohibition applies to requests for information on applications and during interviews with applicants.
- On January 1, 2014, a new Minnesota law goes into effect that prohibits employers from inquiring into, requiring disclosure of or considering the criminal record or criminal history of an applicant until the applicant has been selected for an interview or, if there is no interview, until after a conditional offer of employment has been made.
Employers should review their applications and hiring practices to ensure compliance with the new laws, and verify that managers involved in the hiring process understand when, and to what extent, they are permitted to inquire about applicants’ criminal histories.