Ban the Box in Criminal Background Checks is Controversial for Employers

Nick Fishman

Ban the box is just a catchy way of saying that various states, municipalities and the Equal Employment Opportunity Commission (EEOC) wants to eliminate the option on a job application where employers ask if the candidate has ever been convicted of a crime. An ongoing debate for a while, we decided it would be a great topic to discuss in the first video release in our Quick Takes Series.

New legislation has been appearing in states and cities across the country, limiting employer’s use of employment background checks by preventing them from asking a job candidate about criminal history–at least until after a conditional offer of employment has been made. Officially, the states that have passed legislation limiting criminal background checks include California, Connecticut, Hawaii, Massachusetts, Minnesota, New Mexico and Washington DC. In addition, there are pending bills in New Jersey, Michigan, North Carolina, Rhode Island and Minnesota. For additional information, read our recent post, “Ban the Box” Bandwagon Rolls On.

As the ban the box issue continues to gain momentum, it’s important to be aware of ever-changing legislation in this regard. Our experts, Angela Preston, VP of Compliance and General Counsel, Jason Morris, President & COO and Nick Fishman, Chief Marketing Officer, discuss the most pertinent ban the box information in our first video, “Your Applicant’s Criminal Past: Does it Matter?” Find out why a little check box is such a huge controversy and how you can be aware of these changes within your company’s hiring process.





Quick Takes is a video series blending together bits of experience and expertise from EmployeeScreenIQ’s background screening experts.  With a newsroom feel, discussions surround the latest issues in the background screening industry. All of the videos were filmed unscripted-giving you the opportunity to hear genuine responses from the professionals. Topics range from social media background checks to conducting a thorough criminal records search. We’re releasing a new video every month, so stay tuned.

Nick Fishman
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Nick Fishman

Nick Fishman is the co-founder of EmployeeScreenIQ, a leading, global employment background screening provider, and serves as the company’s executive vice president and chief marketing officer. He pioneered the creation of EmployeeScreen University, the #1 educational resource on employment background checks for human resources, security and risk management professionals. A recognized industry expert, Nick is a frequent author, presenter and contributor to the news media. Nick is also a licensed private investigator in the states of Ohio and Texas.
Nick Fishman
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