Data Facts Background Screening Blog

New Maine Law Set to Prohibit Employers from Asking About Applicant's Criminal History

Posted by Christian Wade

Aug 5, 2021 2:36:17 PM

Keeping our clients updated about changing employment laws is at the top of our priority list. This article, originally posted by The Center Square, is an informative piece about the upcoming change in the use of criminal searches in hiring in Maine.

Employers in Maine will be prohibited from asking prospective job candidates about their previous criminal histories under a new law signed by Gov. Janet Mills.

The new law will ban companies from screening people with criminal backgrounds before those applicants have an opportunity to go through the preliminary hiring process.

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Topics: Employment screening policy, background checks, Ban the Box, Employer use of criminal records, employment laws

Illinois Tightens Restrictions on Use of Criminal Checks in Hiring

Posted by National Law Review

Apr 8, 2021 1:30:00 PM

This article was originally published by The National Law Review and can be accessed here.

Illinois employers have been prohibited from using arrest records as the basis for employment decisions under Section 103 of the Illinois Human Rights Actfor a long time. On March 23, 2021, Illinois Governor J.B. Pritzker signed Senate Bill (SB) 1480 into law, which added a new Section 103.1 to the IHRA that severely restricts the ability of employers to rely on conviction records in making employment decisions.  

Section 103.1 is effective immediately, and prohibits use of a conviction record as the basis for an employment decision unless:

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Topics: criminal records search, Employer use of criminal records, employment laws, illinois

How to Handle Not Hiring Applicants Because of the Background Check

Posted by Susan McCullah

Mar 10, 2020 8:37:33 AM

Employers may spend weeks, or even months, recruiting, scouring resumes, and interviewing. Hiring managers might believe they found the perfect candidate, only to find unacceptable information during the background screening process.

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Topics: adverse action procedures, background checks, background screening practices, Employer use of criminal records, background check services

HR’s Ultimate Background Screening Checklist

Posted by Susan McCullah

Mar 5, 2020 12:50:48 PM

Needle in a haystack?

Hiring quality employees can be challenging to any organization. However, high-performing A-players are essential components in building a well-oiled, successful company that can serve clients and maintain a competitive edge. Unfortunately, even candidates who look promising on paper and ace the interview might still be the wrong choice.

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Topics: background screen, background check, background screening practices, Employer use of criminal records, background check services, hiring process, employment laws, PBSA

Ban the Box: Background Screening Update in Maryland

Posted by Susan McCullah

Jan 17, 2020 10:49:13 AM

Ban the Box Maryland

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Topics: Ban the Box, Employer use of criminal records, employment laws, Maryland

Changes in Legislation that Affects Background Screening

Posted by Susan McCullah

Aug 28, 2019 1:30:00 PM

Most of today’s companies utilize some sort of background screening process before making a hiring decision. Criminal searches, driving record searches, reference checks, employment and education verifications, assessment testing, credit checks, and drug screening all fall under the “background screening” umbrella.

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Topics: Litigation avoidance, background screening practices, Ban the Box, Employer use of criminal records

Colorado Enacts ‘Ban the Box’ Legislation Effective September 2019

Posted by Ryan P. Lessmann

Jun 27, 2019 8:40:00 AM

This article was written by Ryan P. Lessmann and first appeared on the National Law Review website.

In an effort to prevent persons with criminal records from being automatically ruled out for job vacancies, Colorado Governor Jared Polis has signed “ban the box” legislation. The new law will go into effect in September 2019 for employers with at least 11 employees, and employers with fewer than 11 employees have until September 2021 to comply.

This makes Colorado the 13th state to enact “ban the box” legislation for private employers.

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Topics: Colorado, Background screening, Hiring, Ban the Box, Employer use of criminal records

Washington Ban-The-Box Law Limits Criminal Background Checks

Posted by Jackson Lewis

Apr 16, 2018 1:06:00 PM

Effective June 6, 2018, Washington will be the next state to implement “ban the box” legislation, which restricts employers from executing a criminal background check on the job applicant during the initial stages of the application process.

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Topics: Background screening, background checks, Ban the Box, Employer use of criminal records, background check services

California Lawmakers Introduce Statewide Ban the Box Law

Posted by Jennifer Mora

Mar 28, 2017 9:12:27 AM

This information was originally posted on SHRM.org by Jennifer Mora

When it comes to legislation restricting employer use of criminal records, California seems to be leading the charge.

In the last six months alone, we have reported on a variety of new laws that apply to a California employer that uses criminal records as a background check in pre-hire and other employment decisions. 

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Topics: Background screening, background check, Ban the Box, Employer use of criminal records

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~~Susan McCullah is the Marketing Project Manager/ Background Screening Division for Data Facts, Inc, a 25 year old Memphis based company. Data Facts Inc -an NAPBS accredited company- is a leading provider of employment screening solutions. Check out our website for a complete explanation of our services.