4 ms·
A lot of misinformation on here. The short answer is it depends on where you live. Many states and localities, particularly in California, have enacted "ban t
by mchannon 10y ago
A lot of misinformation on here.
The short answer is it depends on where you live. Many states and localities, particularly in California, have enacted "ban the box" laws. ("the box" in this particular case is a box you must check if you have been convicted of any crime). The rationale behind these laws is that ex-cons who are potentially productive members of society don't need to keep getting punished after they served their time.
Can you discriminate against someone for having a criminal record? Yes, but if there's enough of a paper trail, and you're in one of these localities, they can sue you under these laws. Most of these laws have exceptions for, say, sex offenders applying at daycares, or check fraudsters applying at banks, but the decision has to be appropriately documented.
SF and LA are pushing the laws even harder. They've recognized that ex-cons who can't find decent work will just end up burdening the system further by reoffending, rather than paying taxes and working. If they're square with the house, the house must be square with them.
- dragonwriter 10y ago"Ban the box" laws do not prohibit consideration of criminal record in hiring, it only prohibits the question in initial application and delays background check until later in the hiring process, to discourage it's use as a blanket filter before other candidate qualifications are known. A handful of local jurisdictions have adopted additional restrictions on use of criminal background in hiring beyond "ban the box"—so-called "fair chance in hiring" laws—but none of them go so far as to prohibit use of criminal history as a factor in employment.