For employers in the senior living and long-term care industry, criminal history information is a crucial tool in the hiring process. Various state and federal laws prohibit retirement communities from employing individuals who have been convicted of certain crimes involving abuse, neglect, or mistreatment. Despite this, federal agencies and state governments are increasingly limiting an employer’s use of criminal history information through constraints on background checks and new “Ban the Box” laws. Navigating these legal hurdles while maintaining employee and resident safety can baffle even the best-intentioned administrators, executives, and attorneys. In this article, we summarize the EEOC’s guidance on the use of criminal history information, explain why “Ban the Box” initiatives matter, and outline strategies for compliance.

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