Oregon has joined six other states who have passed a ‘ban the box’ law affecting private employers. Beginning in 2016, Oregon private employers are prohibited from asking for criminal history information from applicants prior to the initial interview. If an interview is not conducted, then criminal history cannot be asked before a conditional offer of employment is made.
Exceptions to the law include:
• Law enforcement agencies
• Employers in the criminal justice system
• Employers seeking a non-employee volunteer
• Where federal, state, or local law requires consideration of applicant’s criminal history
In the beginning, ‘Ban the Box’ legislation targeted government agencies and institutions. As time passed and momentum for the cause increased, it became a foregone conclusion that this would spill over to private employers.
‘Ban the Box’ legislation has become popular with politicians and is gaining acceptance to the public as a whole. All employers, even those within states that currently do not have this type of legislation affecting them, should consider whether asking for criminal history information on the application or any time prior to an interview is worth the potential fallout. A comprehensive criminal background check can still be done, just the timing has changed.
‘Ban the Box’ is not going to recede and will only continue to grow. Take the time to review your hiring practices and consult with attorneys for legal advice on this important subject.
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Here is a link to an article on the subject:
Oregon ‘Bans the Box’ for Private Employers