Posted June 24th, 2013 in Legal Insights with Tags background checks, criminal background checks, EEOC, employer liability, hiring, law, liability, department of labor, legal, Business Law, HR, staffing

Background Check? Not so Fast. “Ban the Box” Efforts Expanding Nationally

On May 13, 2013, Minnesota became the latest state to put new measures into place restricting employers’ abilities to inquire about criminal histories on job applications. Many cities and counties nationwide have also taken this step, with others considering similar measures. The EEOC is also focusing on use of criminal background checks, and issued new guidance on the topic.

According to Joseph Schmitt, leading labor and employment attorney with Minneapolis law firm Nilan Johnson Lewis, restricting the use of background checks until the interview stage is a significant change to the hiring process, and something that employers need to understand – or risk fines. Joe can talk about the national trend in favor of restricting background checks, why this is being done, which laws might pre-empt these new rules, what employers need to know, and penalties for noncompliance.

For more information about the national trend of banning the use of background checks during the candidate screening process, contact Joseph Schmitt at 612-305-7577 or jschmitt@nilanjohnson.com.