Adverse Action

Ban the Box

Ban the Box refers to policies and laws that prohibit employers from asking about a candidate’s criminal history on job applications. The initiative aims to give individuals with prior convictions a fair chance during the hiring process by delaying such inquiries until later in the selection process.

Compliance note

  • Employers must comply with local, state, and federal Ban the Box laws before inquiring about criminal records.
  • Employers should still follow Fair Credit Reporting Act (FCRA) procedures when conducting background checks.
  • Equal Employment Opportunity Commission (EEOC) guidance discourages blanket exclusions based on criminal history.
  • Hiring policies should include individualized assessments and consistent adjudication practices to ensure fairness.

Frequently Asked Questions

Q: What is the purpose of Ban the Box laws?
A: Ban the Box laws aim to provide fair hiring opportunities by preventing employers from asking about criminal history early in the application process.
Q: Do Ban the Box laws mean employers can’t conduct background checks?
A: No. Employers may still perform background checks, but they must wait until after an interview or conditional offer stage, depending on state or local law.
Q: How can employers stay compliant with Ban the Box laws?
A: Employers should review applicable local and state requirements, update job applications, and ensure hiring staff are trained on compliant screening procedures.

DISCLAIMER: The information provided in this glossary is for general informational purposes only and should not be construed as legal advice. While we strive for accuracy, EDIFY Background Screening does not guarantee that the definitions or explanations are complete, up to date, or error-free. Employers should always consult with competent legal counsel to ensure compliance with applicable laws and regulations.


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