ARLINGTON, Va. – Employee Benefit News reports that new ban-the-box laws are becoming reality in Illinois and New Jersey.
Ban-the-box laws prohibit employers from asking job applicants about their criminal history until after the applicants clear an initial round of job screening. According to the National Employment Law Project (NELP), removing questions from job applications that ask about criminal history gives potential employees a fair chance to compete for jobs.
On July 19, Illinois Gov. Pat Quinn signed into law the Job Opportunities for Qualified Applicants Act, which will help ex-offenders secure employment in the private sector. The new law prevents criminal background checks until after an applicant is deemed qualified for a job. The new law takes effect January 1, 2015, and covers private employers with 15 or more employees. Quinn issued an executive order in 2013 that put in place a ban-the-box policy for state government jobs.
“Everyone deserves a second chance when it comes to getting a job,” Quinn said in a press release. “This law will help ensure that people across Illinois get a fair shot to reach their full potential through their skills and qualifications, rather than past history. It will also help reduce recidivism, fight poverty and prevent violence in our communities by putting more people back to work.”
In New Jersey, lawmakers approved the Opportunity to Compete Act on June 26 and sent the measure to Gov. Chris Christie for his signature.
The legislation will no longer require employers to make a conditional offer of employment before inquiring into an applicant’s criminal background, according the website JDSupra.com. Instead, an employer may inquire into an applicant’s criminal background any time following the first interview, which need not be in person. The bill also eliminates any requirement that employers consider, and discuss in good faith with applicants, information regarding the accuracy of the criminal record information, the degree of rehabilitation, the nature of the offense and how long ago it occurred, and the duties and setting of the job.
According to NELP, 12 states have adopted ban-the-box policies: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nebraska, New Mexico and Rhode Island.