Criminal background check laws by state

Criminal background check laws by state

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Criminal background check laws by state

Employers should also continue to be mindful of the various laws that impact the use of criminal records in the hiring process, including the California Fair Employment & Housing Council's regulations on criminal history and adverse impact, other state fair employment laws, municipal ban-the-box ordinances (such as those in Los Angeles and San Francisco), and federal and state fair credit reporting laws, such as the Fair Credit Reporting Act. NOW THEREFORE BE IT RESOLVED, that insert state here supports state laws which: (1) voluntarily incentivize those employers who choose to conduct criminal-background checks to do so in accordance with model practices to ensure fairness and accuracy in return for a significant legal benefit - a shield from legal liability for acting in good faith on criminal-background-check results regarding adverse employment actions, including denial of employment to job applicants; (2) voluntarily incentivize those employers who choose to conduct criminal-background checks to do so in accordance with model practices to ensure fairness and accuracy by providing tax credits on state corporate tax filings for their reasonable, appropriate, and verifiable costs of conducting criminal-background checks; and (3) voluntarily incentivize those employers who choose to conduct criminal-background checks to do so in accordance with model practices to ensure fairness and accuracy by providing a significant discount on their workers' compensation premiums (for example, 15 percent), recognizing that this is - first and foremost - an employee and public safety and health issue; All employers should continue to be mindful of other laws regulating criminal records checks and screening policies, including the Fair Credit Reporting Act (a consistent source of class action litigation) and state and local employment and ban-the-box laws. While the Fair Credit Reporting Act (FCRA) is the law of the land for employment background checks, there are also a variety of state background check laws that employers should be aware of while hiring.

Although there is no federal prohibition on asking applicants about criminal history, the EEOC states, "as a best practice, and consistent with applicable laws, the Commission recommends that employers not ask about convictions on job applications and that, if and when they make such inquiries, the inquiries be limited to convictions for which exclusion would be job related for the position in question and consistent with business necessity." Local leagues are required by LLB Regulations to determine the applicability of, and comply with, all federal, state, local and municipal laws and ordinances, and administrative rules and regulations regarding background checks including, but not limited to, requirements regarding sex offender registry checks, criminal history records or reports, fingerprinting, certifications, or other requirements associated with volunteers, coaches, participants and/or employees. In Florida, employers must comply with laws concerning criminal background checks, arrests and convictions, and driver's record information.

More jurisdictions are also adopting policies that do more than ban the box”; many incorporate the best practices set forth in the 2012 U.S. Equal Employment Opportunity Commission (EEOC) guidance on the use of arrest and conviction records in employment decisions, and others adopt innovative strategies such as targeted hiring Robust fair-chance hiring laws delay records-related inquiries until after a conditional offer of employment and ensure a fairer decision-making process by requiring employers to consider the job-relatedness of a conviction, time passed, and mitigating circumstances or rehabilitation evidence. Your state's Attorney General's office or a criminal attorney can tell you the extent to which employers may consider criminal records for employment decisions, under your state's background check laws or equivalents. While Virginia, Maryland and the District of Columbia all have laws on the books that restrict, among other things, employers from initiating criminal background checks until after a conditional offer of employment has been made, the reach of Virginia's and Maryland's laws extends only to public sector employees, as does Fairfax County's law.

Ban the box” refers to laws that variously prohibit or restrict employers from requiring applicants for employment to divulge their criminal history through a check box on an application for employment. Although state laws governing this practice have become commonplace, § 12952 is unique in that it contains new requirements as to what a potential employer must include in a pre-adverse action letter to job applicants - beyond what the federal Fair Credit Reporting Act (FCRA”) already mandates.

https://hub.jhu.edu/magazine/2015/fall/background-checks-guns/

https://www.law.cornell.edu/uscode/text

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