While one study may not predict the future of Ban-the-Box legislation or long-term efficacy it does point to the potential of further confusion over the fair, legal, and lawful use of criminal records
Waltham, MA (PRWEB)
August 10, 2017
For the last several years Ban-the-Box laws and legislation have been enacted in several states and a variety of municipalities but have recently come under fire by academic studies. Adam Almeida, President and CEO of CriminalBackgroundRecords.com opines: “Laws change very quickly and these recent studies covering the efficacy of Ban-the-Box legislations may certainly point to a new round of legal challenges and changes in laws that very well could affect hiring managers and their pre-employment background screening policies.”
Ban-the-Box laws are designed to reduce and/or eliminate discrimination amongst minority groups during the hiring process. By removing the question of “Criminal History” the playing field for a given position is presumably leveled. However, a recent study out of academia appears to challenge that notion.
From BizJournals.com (Aug 08, 17):
Minority job applicants face increased discrimination when employers are unable to inquire about prior criminal history, according to a new study.
More than 25 states have “ban the box” (BTB) laws, which outlaw the application checkbox where job applicants disclose prior convictions. The intent is to allow those with criminal records to be judged on qualifications rather than a criminal past.
But the laws are having the opposite effect, according to a new paper titled “Ban the Box, Criminal Records, and Statistical Discrimination.” The research indicates the legislation has caused an increase in discrimination where job interviews are concerned. (1)
Almeida opines: “Discrimination is a challenge in the workplace, especially within hiring. Creating an equal environment of consideration is critical.”
Ban-the-Box legislation is designed to increase equality but with the enactment of these laws employers are falling back into other ways of “judging” applicants. The study has shown that:
…the race gap in interview callbacks grew dramatically after a BTB policy went into effect.
Before BTB, white…