According to the National Employment Law Project (NELP), over 100 cities and 18 states have passed some form of Ban-the-Box legislation. Many states have slight differences in their version of Ban-the-Box. For example, in Massachusetts employers can ask candidates about their criminal history after the initial application whereas in Hawaii employers can’t ask about criminal records until after making an offer of employment. So, it’s essential for employers to be aware of the changes in their states. Employers who are unaware of the updated laws aren’t exempt from the consequences of violating them.

Oregon is one of the more recent states to pass legislation which will take effect in January 2016. Under the new law in Oregon, employers can’t inquire about criminal records initially. They can ask candidates about past convictions during the interview or after a position of employment has been offered. New York City also joined the Ban-the-Box movement and passed the Fair Chance Act in June 2015. Under the Fair Chance Act, employers can’t inquire about a candidate’s criminal history until after giving an offer of conditional employment. Employers can rescind the offer of employment after conducting a background check but they must explain and discuss the reasons with the applicant.

Avoid Violating Ban-the-Box Laws

To avoid risking violation of Ban-the-Box legislation, employers should take a few preparatory steps. First, they should double check the laws in their state, city, and county. What are employers allowed to ask applicants about their past? For example, some laws prohibit employers from asking about non-conviction arrests. The Society for Human Resource Management (SHRM) is a reliable resource for information about specific states. Next, they should revise their employment applications to meet the new requirements. If you have a little box applicants are supposed to check if they have a criminal record on your application form, get rid of it if required. And, finally, make sure you ask about past convictions at the right point in the hiring process.

Other Considerations

Despite the Ban-the-Box legislation, employers should still conduct background checks as long as they comply with the new rules. Employers have a responsibility to protect their employees and provide a safe work environment. Also, employers should consider how this new legislation interacts with previous laws. According to the SHRM, some of the Ban-the-Box requirements conflict or overlap with other existing background screening laws such as anti-discrimination laws and the Fair Credit Reporting Act (FCRA). All of these intricate rules and laws can be extremely difficult and time-consuming to decipher and follow properly. As a background screening check company, it’s our job to stay on top of these issues so you don’t have to. If you have any questions about Ban-the-Box legislation, feel free to contact us!

The post What Does ‘Ban-the-Box’ Mean for Your Hiring Process? appeared first on JDP.

Bringing the Strengths of Oracle to You

As Gold level members of OPN, JDP has access to designated business consultants as well as ongoing training and education workshops. JDP also has access to more sophisticated software and resources including Oracle Solaris, Oracle Exastack, and Oracle Validated Integration. How will this help you, our end customers?

Oracle Solaris

With Oracle Solaris software and support, JDP can provide better services for our clients. Oracle Solaris is a superior software that provides efficient enterprise cloud virtualization and storage performance. Essentially, this means we can focus on your needs  while maintaining the security of our data storage and management system. This software also adapts to our needs as our company grows.

Oracle Exastack

Oracle Exastack benefits for Gold level members include assistance from performance experts and lab optimizations. This means we can test software and revise it until it meets our requirements. With these benefits, JDP can provide consumers with a superior screening service that is fast, accurate, and tailored to meet their needs.

Oracle Validated Integration

Oracle Validated Integration certifies that JDP uses reliable software, which has been tested several times to ensure its effectiveness. This means JDP has been validated as a company with experience and will provide customers with satisfactory results that go above and beyond the usual requirements of the hiring process.

Oracle also recently introduced an advanced cloud platform with better data storage capabilities. Oracle Cloud supports over 70 million users and 31 billion transactions a day. With a Gold membership, JDP will continue to grow and adapt to a changing business environment. We can guarantee customer satisfaction with a formal recognition as a trustworthy brand from Oracle.

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