Posts

Job Opportunities for Qualified Applicants Act: Ban the Box in Illinois

in , /by

Due to the velocity of business, companies need to be up-to-date on the latest industry news to remain competitive. Perhaps more importantly, businesses are also required to stay abreast of changes in legislation. Legal changes that apply to the state, country, or other specific regulations for the company can seem overwhelming. Legislation is progressive and therefore, always changing our work environments. Businesses that operate across several states often yield to the least common denominator when it comes to designing applications and obeying regulations.

Many states are now adopting a law to ‘Ban the Box’ – that is, the box regularly found on employment applications that asks if you have ever been convicted of a crime. Illinois will be the newest state to join the trend in the near future, following the lead of other states and cities such as: Massachusetts; Minnesota; Rhode Island; Hawaii; Philadelphia; San Francisco; Seattle, Baltimore; Newark and Buffalo. This list may not be all-inclusive and one should also note that different geographic areas often have their own specific version of the legislation to ‘Ban the Box.’

Qualified Applicants Act – Ban The Box

Effective January 1, 2015, the Job Opportunities for Qualified Applicants Act will prohibit Illinois employers from pre-screening candidates based on their criminal history. The law requires that applicants not be asked about criminal offenses until the interview stage of the hiring process. Full details, including exceptions to the rule, can be found by clicking the link above.

At ExactHire, we recommend our clients take care to be aware of the state requirements for the states in which they hire. This may mean that multi-state companies opt to avoid issues by removing any criminal history questions from their applications (unless of course they are required to include them for the position and meet the exceptions listed in their specific governing body’s legislation). However, the best course of action is to always check with your employment law attorney for legal counsel on how to word employment application questions for your areas of operation. This recommendation is also encouraged for employers that use electronic job listings that can be viewed nationwide.

ExactHire’s HireCentric applicant tracking software allows employers the ability to have different employment applications for use with jobs that are listed in different states, if desired. For more information about our customizable employment applications, please view our video demo or contact us today.

Image credit: Springfield Illinois Statehouse Dome by LongitudeLatitude (contact)

HEA 1482 Requires Indiana Employers to Update Employment Application Language Related to Criminal Record History

in /by

Effective July 1, 2013, Indiana’s House Enrolled Act No. 1482 is a new law with which Indiana employers, including national employers based elsewhere that employ individuals in the state of Indiana, must comply. It prevents employers from discriminating against or refusing employment to a person based on his/her expunged or sealed conviction or arrest records.

Employment Application Requirement & Punishment for Failure to Comply

In Sec. 10(c) of HEA 1482, it explicitly states that in “any application for employment…a person may be questioned about a previous criminal record only in terms that exclude expunged convictions or arrests, such as: ‘Have you ever been arrested for or convicted of a crime that has not been expunged by a court?'” However, we urge you to consult with your employment law attorney for exact language appropriate for an employment application in your industry as in many cases asking about arrests of any sort on an employment application can be problematic.

It is critically important for Indiana employers to execute this change before July 1st as the law goes onto mention that any person that discriminates against an individual as the law describes, including soliciting information about arrests or convictions that have been expunged on an application for employment, is committing a Class C infraction and may be held in contempt of court.

What About Negligent Hiring Claims?

As a means to protect employers, the law allows for the introduction of an expungement order in judicial and administrative proceedings claiming negligent hiring, as evidence that an individual exercised appropriate care in the hiring process.

What if I Have Been Using the Same Employment Application for Applicants to Jobs in Different States, Including Indiana?

If your organization employs individuals in Indiana, as well as other states that do not require the new application language, please note that our applicant tracking software can create and support multiple external employment applications for your careers portal. Existing clients who are interested in learning more about this option should contact ExactHire Client Services.

How Can I Get the Conviction-Related Question Updated on my ATS?

Your ExactHire Client Services team can make this change very quickly and easily in your careers portal once you contact us and confirm exactly how you’d like the question worded. Again, we cannot offer legal advice and strongly urge you to contact your employment attorney to discuss how your application’s criminal record history-related question should be worded, as well as any examples of how Indiana state law HEA 1482 may be preempted by federal laws.

When we make this change in your portal, we can either reword the existing field on your application, or turn off the previous field and add a new field with the updated question text. Discuss these options with your Client Services representative to determine the best approach for your ATS application and organization. To update your existing application language, please contact us today at support@exacthire.com.

Still using paper applications, but ready for a web-based recruiting portal? Contact ExactHire today for a free 14-day trial of our applicant tracking system.