Change in Federal Law May Lead to Nationwide Changes in Use of…

Criminal Background Checks Include County, Statewide and National Criminal Background Checks.

NextGen Medium-Rectangle-300×250-3d

Criminal Background Records

Anytime the federal government takes action that affects pre-employment background screening, hiring managers should take note. This action could impact how they manage new employee background checks.

The President recently signed the National Defense Authorization Act, which includes the federal Fair Chance Act, which, subsequently, brings “Ban-the-Box” rules to a large part of the federal government and brings a complete “Ban-the-Box” implementation on a nationwide basis closer to fruition. Adam Almeida, President and CEO of CriminalBackgroundRecords.com opines: “Anytime a significant action such as the Fair Chance Act is implemented hiring managers should take note and make sure they are working with a well-qualified third-party pre-employment background screening agency, such as CriminalBackgroundRecords.com, in order to remain compliant with law.”

For the last several years “Ban-the-Box” legislation has swept across the country. Designed to give everyone a fair chance at employment by eliminating the potential of discrimination by removing the criminal history box on applications, “Ban-the-Box” has now made it to a nationwide, federal level.

A recent legislative act, the National Defense Authorization Act, contains the Fair Chance Act, an act designed to create “Ban-the-Box” type regulation within the federal government.

From Littler.com (Dec 24 19):

On December 20, 2020, the president signed legislation, the National Defense Authorization Act (NDAA) for Fiscal Year 2020, which includes the federal Fair Chance Act (“the Act”). The Act prohibits federal contractors that have openings for positions within the scope of federal contracts, as well as all federal agencies, from inquiring about or seeking criminal history information from an applicant until after a conditional job offer has been extended. The Act and multi-jurisdictional state and local “ban-the-box” laws are intended to give ex-offenders released from prison and those with past criminal background records a better opportunity at obtaining employment by eliminating or at least deferring any pre-employment inquiry into an applicant’s criminal history. (1)

Almeida adds: “Anytime the federal government takes action that affects pre-employment background screening, hiring managers should take note. This action could impact how they manage new employee background checks.”

The federal Fair Chance Act is designed to get more Americans working, especially those individuals trying to gain employment after release from prison.

From ACLU.org (Dec 20, 19):

When Rep. Elijah Cummings (D-Md.) reintroduced the Fair Chance Act earlier this year, he said: “This bill would give individuals who are reentering society from prison a fair chance at truly achieving the American dream.” The Fair Chance Act would ban the box that employers use to ask about arrest and conviction history on job applications. It also requires that federal agencies and contractors subject a prospective employee to a criminal background check only after a conditional job offer is made. (2)

Almeida concludes: “A best practice for all employers is to work with a third-party pre-employment background screening agency, such as CriminalBackgroundRecords.com, in order to remain compliant with all laws governing background screening and, specifically, the use of criminal history reports.”

CriminalBackgroundRecords.com is a third-party employment screening company, an advocate of SHRM, a member in good standing with the PBSA (Professional Background Screening Association) and for over 17 years has maintained an A+ Rating with the BBB (Better Business Bureau). The company has 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. Assisting companies in maintaining full compliance under the law is a central tenet of all client relationships with CriminalBackgroundRecords.com.

Notes:
(1) littler.com/publication-press/publication/new-federal-fair-chance-act-applies-federal-contractors-and-agencies?utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original
(2) aclu.org/news/smart-justice/a-fair-chance-at-opportunity-the-u-s-government-bans-the-box/

Share article on social media or email:

NextGen Leaderboard-728×90-1f