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There are a few cities and states considering legislation on “Banning the Box”
There are a few cities and states considering legislation on “Banning the Box” question that currently exists on employment applications and questions during the first round of interviews.
For example:
On March 31, 2011, Philadelphia, PA City Council passed a “Ban the Box” bill, regulating the ability of employers to conduct criminal background checks in the employment process. Mayor Nutter signed the bill into law and it will apply to city agencies AND private employers employing 10 or more persons within the City of Philadelphia.
Under the new legislation:
• Employers would be precluded from inquiring about arrests that did not result in convictions, unless required or permitted by another law; and
• Employers would be precluded from making any inquiry regarding criminal convictions before and during the application process and initial interview process, or from requiring that applicants disclose any such information. It seems that after the first interview is conducted, the employer is free to conduct a criminal background check.
• Banning the box appears to give applicants with a criminal conviction, the opportunity be considered for opportunities prior to the employer’s knowledge of their criminal background. Additionally, it seems that the legislation is providing those with criminal backgrounds, an opportunity to compete with an equal playing field.
Imagine your role as a Human Resource Manager within an organization. Please answer the following questions:
• What are communication strategies that can be used to communicate the regulatory changes to hiring leaders within an organization?
• What are some of the policy changes that will need to take place within the organization?
• What are your thoughts regarding the “Ban the Box” concept?
Sample Answer
Communicating Regulatory Changes and Implementing Policy Changes
Communicating Regulatory Changes to Hiring Leaders
When a jurisdiction implements a “Ban the Box” law, it’s crucial to communicate these changes effectively to hiring leaders within an organization. Here are some strategies:
- Informational Sessions: Conduct in-person or virtual sessions to explain the new regulations, their implications, and the organization’s revised hiring procedures.
- Written Communication: Distribute a detailed memo or policy document outlining the specific changes, timelines, and expectations.
- Regular Updates: Provide regular updates to hiring managers as new information or guidance becomes available.
- Training and Development: Offer training programs to help hiring managers understand the legal and ethical implications of the new regulations and how to conduct fair and inclusive hiring practices.
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