Alexa Miller Addresses Ban-the-Box Laws With International Employment Lawyer

In “Preventing bias or changing its shape? The pros and cons of ban-the-box policies,” International Employment Lawyer quoted labor and employment partner Alexa Miller on the ban-the-box movement, which wants to introduce policies prohibiting employers from asking about a criminal record until the end of the recruitment process.

“Many state and local ban-the-box laws do not prevent employers from asking about or relying on criminal history as a basis for making hiring decisions,” said Miller. “Rather, they just delay when such an inquiry can take place, such as after the initial interview or after a conditional offer is made.”

Cognizant of the risks, Miller explained it’s important for employers to examine applicants with criminal records on a case-by-case basis, considering the gravity of the offense, repeated convictions and their character and references. She added that “employers should also be mindful that not all criminal convictions can be considered in making hiring decisions, so it is important to be aware of applicable limitations imposed by state and local laws.”

The full article is available for International Employment Lawyer subscribers.