Are you aware if you are an employer in one of the 21 states and more than 100 cities and counties that have already passed “Ban the Box” legislation?
The “Ban the Box” movement relates to removing the conviction history checkbox from job applications thus making sure employers consider a candidate’s qualifications first and delay the background check inquiry until later in the hiring process
Noncompliance can make you subject to monetary fines and/or imprisonment which varies in severity. Two state examples are:
- For employers that employ 10 or fewer persons at a site, the penalty is up to $100 for each violation, not to exceed $100 in a calendar month.
- For employers that employ 11 to 20 persons at a site, the penalty is up to $500 for each violation, not to exceed $500 in a calendar month.
- For employers that employ more than 20 persons at one or more sites, the penalty is up to $500 for each violation, not to exceed $2,000 in a calendar month.
- A violation is a misdemeanor with potential penalties of a $500 fine and 90 days’ imprisonment.
- In addition, complainant may be awarded back pay, reinstatement, attorneys’ fees, and compensatory damages (including damages for emotional distress and expenses incurred in seeking other employment)