ban-the-box Archives - JDP https://www.jdp.com/blog/tag/ban-the-box/ Employment Screening, Background Check Fri, 03 May 2024 18:41:48 +0000 en-US hourly 1 SBA May Ban the Box for Small Business Loans https://www.jdp.com/blog/sba-may-ban-the-box-for-small-business-loans/ Mon, 29 Apr 2024 14:04:16 +0000 https://www.jdp.com/?p=18604 April 29, 2024 The Small Business Administration (SBA) has announced changes to the loan program’s restrictions concerning an applicant’s criminal history. According to the SBA’s administrator, the federal agency intends to ban the restrictions on those with criminal backgrounds. This decision could benefit those with criminal records who want to start or expand a business. […]

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April 29, 2024

The Small Business Administration (SBA) has announced changes to the loan program’s restrictions concerning an applicant’s criminal history. According to the SBA’s administrator, the federal agency intends to ban the restrictions on those with criminal backgrounds. This decision could benefit those with criminal records who want to start or expand a business. However, interested parties must complete their sentences to qualify for the loan programs.

The new rules by the Small Business Administration would remove most restrictions on loan programs based on an applicant’s criminal record. This change could improve eligibility for SBA loans for millions. The rules also enforce a ban-the-box on SBA loan applications. This change would prevent criminal history questions from appearing on loan applications.

The current eligibility SBA loan requirements often confuse applicants with criminal records, discouraging many from getting a loan. The SBA worked to correct this issue by making it easier for those with criminal records to apply. It also addressed disparities in the system and growth opportunities, especially the detrimental effect on black business owners. 

According to the Congressional Black Caucus (CBC) chairman, the announcement “reflects our shared commitment to supporting Black-owned small business owners and expanding access to capital to Black and underserved communities.” The chairman also commented, “By finally banning the box on SBA loan applications, we are not just changing policy; we are eliminating unnecessary barriers to entrepreneurship, boosting our economy, creating well-paying jobs, and generating Black wealth.”

Many previously incarcerated individuals struggle to obtain work or loans due to discrimination about their criminal history. The Bureau of Justice Statistics conducted a study involving individuals released from state and federal prisons nationwide in 2022. Of these people, Nevada saw roughly 4,500 people fully rejoin the population. The SBA hoped to help those who finished their sentences re-enter the workforce by dedicating $52 billion in “capital, disaster relief, and bonding to small businesses and disaster-impacted communities.”

The Bureau of Justice Statistics ran a similar study concerning 51,500 people released from federal prisons in 2010. According to the Bureau, one-third of released individuals remained jobless at some point in the first four years after release. During this timeframe, employment for released individuals never exceeded forty percent. The new SBA rule could provide opportunities for those interested in starting a business.

It remains uncertain when the SBA loan reforms will take effect. Regardless, anyone interested in starting a business should consider running a self-background check. This check would allow them to correct any errors in their report and prepare to answer any questions about their background.

Click here to run a self-background check to prepare for your next job interview.

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Ban-the-Box Program May See Amendments in Montgomery County https://www.jdp.com/blog/ban-the-box-program-may-see-amendments-in-montgomery-county/ Tue, 19 Mar 2024 20:11:36 +0000 https://www.jdp.com/?p=18516 March 20, 2024 The Montgomery County Council in Maryland recently introduced a new ban-the-box bill. It would strengthen the county’s existing ban-the-box requirements for landlords. For example, it would improve the established protections for renters. To do so would reinforce the requirement to disclose criminal and credit histories before landlords make a preliminary decision. Council […]

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March 20, 2024

The Montgomery County Council in Maryland recently introduced a new ban-the-box bill. It would strengthen the county’s existing ban-the-box requirements for landlords. For example, it would improve the established protections for renters. To do so would reinforce the requirement to disclose criminal and credit histories before landlords make a preliminary decision.

Council member Laurie-Anne Sayles sponsored the bill, with Council Members Evan Glass and Sidney Katz cosponsoring it. They introduced the bill to amend the county’s ban-the-box legislation. The legislation to receive the changes is the Housing Justice Act, which legislators passed in 2021. This Act prohibits housing providers from performing a criminal background check or credit history check before making a conditional offer. 

They explained that the amendments would clarify what landlords can and cannot do during the application process. According to Council Member Glass, “This comes from a very good place of wanting people to get housed.” Glass further emphasized how the ban-the-box amendments would add to applicants’ rights during the process.

The amended ban-the-box law would restrict what records landlords may consider when deciding whether to offer housing after performing background checks. Under the Act, landlords cannot consider arrest records that did not lead to convictions. Other information landlords cannot use include nonviolent crimes. Examples include marijuana possession, misdemeanor theft, indecent exposure, and other low-level offenses.

However, the ban-the-box law explicitly allows landlords to inquire about arrests or convictions for sex offenses. The law also allows them to deny housing based on such records or for appearing on sex offender registries. If a housing provider chooses to rescind a conditional offer based on an applicant’s arrest or conviction record, they must first:

  1. Provide the applicant with a copy of the criminal record report;
  2. Notify the applicant of the intent and the specific items that caused the intent, and
  3. Provide the applicant seven days to inform the housing provider of potential inaccuracies in the item or items.

Under the legislation under consideration, housing providers must display information about the Housing Justice Act on their websites and in rental offices. Though the Housing Justice Act requires landlords to provide disclosures, this bill “would specifically require a housing provider to include a statement or addendum with every rental application that outlines the process and use of criminal arrest, convictions, and credit screenings in a rental housing decision.” Finally, the ban-the-box amendments would change reporting and tracking to ensure the requirements meet the Act’s goals.

Disclaimer:
Information provided here is for educational and informational purposes only and should not constitute as legal advice. We recommend you contact your own legal counsel for any questions regarding your specific practices and compliance with applicable laws.

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Proposed Ban-the-Box Law in Denton, Texas Could Benefit You https://www.jdp.com/blog/proposed-ban-the-box-law-in-denton-texas-could-benefit-you/ Wed, 06 Dec 2023 22:05:38 +0000 https://www.pre-employ.com/?p=17754 Proposed Ban-the-Box Law in Denton, Texas Could Benefit You December 06, 2023 Denton, Texas, is considering a ban-the-box law, which the City Council will vote on in January. The new law would prohibit discriminatory actions against people with a criminal record. For example, it would prevent employers from discouraging them from applying and stop them […]

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Proposed Ban-the-Box Law in Denton, Texas Could Benefit You
December 06, 2023

Denton, Texas, is considering a ban-the-box law, which the City Council will vote on in January. The new law would prohibit discriminatory actions against people with a criminal record. For example, it would prevent employers from discouraging them from applying and stop them from rejecting applicants based on these records. 

What It Does

Passing the ban-the-box law could improve your chances of obtaining employment if you have a criminal record. It would ban employers from seeing various information that could result in illegal discrimination. However, this depends on whether the City Council passes the Fair Chance Hiring Ordinance under review. These activities include: 

  • “Publishing information that states or implies that criminal history is an automatic disqualifier for employment;
  • Soliciting or otherwise inquiring about criminal history on a job application;
  • Soliciting criminal history information or considering criminal history before a conditional employment offer;
  • Refusing to consider an applicant because the applicant did not provide criminal history before a conditional employment offer or
  • Taking adverse action against an individual due to criminal history, unless the individual proves unsuitable for the job based on an individualized assessment.”

This new law would ban employers from asking about your criminal history in most cases. However, there is an exception for situations involving state or federal laws. Employers may inquire about your criminal background when state or federal law requires them to ask about it.

Examples of these laws applying include childcare or public safety jobs. Employers can also inquire about criminal records if doing so would not have a disparate or discriminatory impact. As such, you may encounter employers who ask about your criminal record when applying for some jobs.

How It Affects You

Should the new ban-the-box ordinance pass, it will become part of the current Non-Discrimination Ordinance. As such, the city would follow the same procedures for addressing complaints about ordinance violations as existing provisions. These complaints would go to the Equal Opportunity Commission or other federal or state agencies when appropriate. Otherwise, the city would investigate the complaint and try to settle it. If the city fails, the complaint could go to the City Prosecutor for a review and possibly a Class C misdemeanor citation.

This ordinance could benefit Denton residents by improving their job opportunities. However, the ban-the-box law has yet to pass. Before passage, the city will request five feedback sessions. It will also request a public hearing before January’s vote on the ordinance. Anyone interested can provide feedback during these sessions.

Passing the ban-the-box ordinance could improve your chances of obtaining work. For example, it would allow you to convince potential employers of your potential before they learn about your criminal record. Another way to improve your chances is by conducting a self-background check. A self-check allows you to review what potential employers will see. Doing so lets you correct errors in the report and prepare to explain any negative information.

Click here to run a self-background check to prepare for your next job interview.

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Ban-the-Box Considered in Oklahoma Could Help Many Residents https://www.jdp.com/blog/ban-the-box-considered-in-oklahoma-could-help-many-residents/ Tue, 14 Nov 2023 13:17:44 +0000 https://www.pre-employ.com/?p=17649 Ban-the-Box Considered in Oklahoma Could Help Many Residents November 14, 2023 Oklahoma legislators may attempt to pass legislation that helps those with past felonies in the next session. This attempt would improve job opportunities for individuals who have served their time. The Bill under consideration is Senate Bill 1077, also known as Ban-the-Box legislation. What […]

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Ban-the-Box Considered in Oklahoma Could Help Many Residents
November 14, 2023

Oklahoma legislators may attempt to pass legislation that helps those with past felonies in the next session. This attempt would improve job opportunities for individuals who have served their time. The Bill under consideration is Senate Bill 1077, also known as Ban-the-Box legislation.

What is Ban-the-Box 

Passing the Ban-the-Box legislation could prove beneficial if you have a felony on your record. For example, it would help address the challenges of getting a job or housing. Ban-the-Box prohibits employers from asking if you have a felony on an application. It also prevents them from asking during the hiring process. 

However, a prospective employer can still request permission to conduct a background screening. According to the Ban-the-Box legislation, employers may request a check after offering a conditional employment offer. It would also require employers with a policy of refusing to hire ex-felons to disclose this information on their job applications.

The Senate Business and Commerce Committee had passed a Ban-the-Box legislation previously. Unfortunately, it never received a hearing on the Senate floor. As such, Sen. Jack Stewart stated that he would push the legislation again during this session. However, he suspects the legislation will receive amendments.

How It Helps

Ban-the-Box laws can help many people, as an estimated 70 million U.S. residents have a conviction or arrest on their records. These criminal records have prevented many from acquiring employment or housing. As such, many states and counties have worked to ease these burdens through Ban-the-Box legislation. They hope to support the efforts of affected individuals to reintegrate into society.

Approximately 35 states and 150 cities and counties have Ban-the-Box laws. However, some participants enacted the legislation through executive orders. For example, a former Oklahoma governor signed one such executive order in 2016. This order required state agencies to remove any questions concerning criminal histories or convictions from their job applications. 

Many Ban-the-Box laws include exceptions for specific situations. For example, employers may inquire about criminal history during interviews. They can also conduct background checks after making a conditional job offer. Regardless, these laws can significantly improve your chances of pursuing job opportunities in state agencies. This improvement may soon apply to the private sector as well.

Passing the Ban-the-Box legislation could help many people in Oklahoma. However, employers can still perform background checks. As such, running a self-background check could prepare you for questions in the interview process or later. A self-check also allows you to correct your records before employers get the wrong information.

Try running a self background check today and give yourself a head start on your next job opportunity.

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Ban the Box in Monroe County: How It Affects the Job Search https://www.jdp.com/blog/ban-the-box-in-monroe-county-how-it-affects-the-job-search/ Tue, 05 Sep 2023 21:15:43 +0000 https://www.pre-employ.com/?p=17179 Ban the Box in Monroe County: How It Affects the Job Search September 05, 2023 Job applicants for Monroe County government may soon notice a change in the hiring process. For example, those with criminal convictions no longer have to disclose their background on applications. This change is because the Monroe County government recently implemented […]

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Ban the Box in Monroe County: How It Affects the Job Search
September 05, 2023

Job applicants for Monroe County government may soon notice a change in the hiring process. For example, those with criminal convictions no longer have to disclose their background on applications. This change is because the Monroe County government recently implemented “ban the box” regulations.

This legislation, the Monroe County Fair Chance Employment Act, prohibits local government positions from inquiring about criminal backgrounds. As such, applications will not have check boxes for applicants to indicate whether they have a prior criminal history. Legislators across the aisle came together in a 20-9 vote to approve this Act. They hope it will eliminate the significant roadblock for many potential applicants.

What It Does

Monroe County’s Commission on Racial and Structural Equity report from 2021 recommended implementing rules like this to address concerns about inequality in county governance. Proponents of the Act note that applicants of color frequently face disproportionate disadvantages when disclosing criminal records. As such, this “ban the box” rule could open employment opportunities by prohibiting employers from asking about criminal history. 

However, the Act did include exceptions. For example, the Act does not eliminate the ability to inquire about criminal backgrounds. Instead, the county must offer conditional employment before running a background check. It also exempts law enforcement positions because these follow stricter background check requirements.

Monroe County’s Fair Chance Employment Act is part of a national “ban the box” trend. Like other local governments, the county introduced laws that limit employers’ ability to inquire about candidates’ criminal histories. According to the National Conference of State Legislatures, most states and over 100 cities have enacted similar regulations. 

Expected Effect

Many legislators hope this “ban the box” law will ease the struggles of job seekers with criminal records. Many agree that acquiring work improves the individuals’ odds of reforming. Others hope it will also prevent the derailing of careers for candidates with minor offenses. Unfortunately, many candidates believe their record automatically disqualifies them from civil service; thus, they never apply. However, “ban the box” works against that perception. 

As a result, those seeking employment in Monroe County with a criminal history can now confidently apply to county jobs. Applicants for other work or outside Monroe County can look forward to “ban the box” laws growing in popularity and spreading in reach. Regardless of whether “ban the box” applies, applicants should conduct self-background checks before applying for jobs. This step allows you to correct errors and prepare explanations for any negative information.

Discover more about our reliable and secure self-background check. Contact a sales rep today.

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