Employment expert speaks on the Fair Chance Act and what employers need to know
Today New York City’s “Ban the Box” Amendment officially went into effect. The amendment offers new protections for job applicants with a criminal history. And effective Dec. 31st, states across the country will be required to follow suit.
“Currently, 35 states, along with Washington D.C. and several cities, have ‘Ban the Box’ regulations in place. Corporations like Starbucks and Facebook also have similar hiring regulations in place,” says Rob Wilson, President of Employco USA and employment trends expert. “But come December, this is will be the first time that a federal amendment is put into place protecting the 70 million Americans who have a criminal offense in their past.”
Banning the box does not mean that employers can never ask applicants about their backgrounds, it simply ensures that the applicant will be able to get their foot in the door, clarifies Wilson.
But not everyone is pleased with the Fair Chance Act.
“In the wake of workplace violence tragedies, the idea of ditching criminal background questions is circumspect to many people. It is estimated that 1.7 million people are injured each year as a result of workplace violence, and critics fear that banning the box will only make this number higher,” says Wilson.
Wilson says employers should be prepared for these upcoming changes.
“Whatever your personal opinion on banning the box, one thing is for certain: Employers will have much more legwork when it comes to staying on top of changing legislation, and they will also have to grapple with potential litigation and penalties,” says Wilson. “Many employers will opt to outsource their hiring to employment firms, as it will be more cost-effective and it will remove the legal headaches.”
For more on this topic, please contact Rob Wilson at rwilson@thewilsoncompanies.com.