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Colorado has renewed efforts in passing Ban-the-Box legislation, just as Nebraska continues to debate the merit of their own laws, creating yet another reminder for hiring managers to work with a well-qualified third-party pre-employment background screening agency in order to remain fully compliant with existing and potential law. Adam Almeida, President and CEO of CriminalBackgroundRecords.com opines: “As every a Ban-the-Box law is passed or widely considered companies and organizations should be reminded to ensure their pre-employment screening policies remain fully compliant.”
In the halls of the Colorado legislation the enthusiasm for a new Ban-the-Box law has reached fevered pitch and pundits are confident of its passage.
Representative Leslie Herod, D-Denver, has put forth a bill, HB19-1025, that would ban the question of criminal background history from employment applications.
From the Denver Post, January 29, 2019:
“This bill does not require anyone to give anyone a job,” Herod said. “It just allows them to have a face-to-face conversation.”
Herod’s bill would prohibit most employers across Colorado from including questions about criminal history on initial job applications. The bill makes exceptions for jobs like teachers and bankers because state law says certain convictions are disqualifying. (1)
Adam Almeida, President and CEO of CriminalBackgroundRecords.com, states: “This new effort in Colorado is different from past bills insomuch it doesn’t deny employers the opportunity to ask about criminal history during the interview process and, importantly, applicants cannot sue a business for violation of legal protocol.”
Ban-the-Box laws tend to vary from state to state.
“A best practice remains for employers to work with a well-qualified third-party pre-employment background screening agency in order to remain compliant with law. The potential new law in Colorado highlights the need and urgency to act right away.”
In Nebraska there are concerns over their version of Ban-the-Box legislation, LB429.
From JournalStar.com (Feb 04, 19):
Erin Ebler-Rolf, an attorney testifying on behalf of the Lincoln Independent Business Association, said that with the bill, there was no difference between full-time, part-time and seasonal employees. And smaller businesses would fall under the bill even though they have more than 15 employees only at certain times.
The bill might also force employers to waste their time by interviewing applicants who should not be legitimately considered for a specific job because of their criminal background record. (2)
Almeida concludes: “Ultimately with every legislative conversation regarding Ban-the-Box laws, or any law related to employment screening, business owners and HR professionals should take note and ensure their policies are fully compliant by working with a third-party pre-employment background screening agency.
CriminalBackgroundRecords.com is a third-party employment screening agency with highly trained operators well versed in the needs and requirements of companies and organizations large and small utilizing public records, such as criminal background records, as part of a hiring process.