There is a growing movement to “Ban the Box” that has materialized in various states and local governments severely restricting, or absolutely prohibiting, the use of criminal background checks by employers. Over the past few years, the EEOC has challenged employers for their use of criminal background checks – finding that the estimated 30% of American adults with criminal records were unfairly being denied gainful employment. Lawsuits filed by the EEOC alleging discrimination, as well as class action lawsuits by individuals alleging violations of the FCRA relating to background checks, have resulted in significant settlements. In addition to complying with the FCRA’s many requirements, employers must also stay abreast of and comply with constantly evolving and expanding legislation resulting from the “Ban the Box” movement.

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