Changes in federal sentencing guidelines will result in the early release of thousands of inmates from prison over the next several years. The lack of employment is generally recognized as a factor that causes recidivism for ex-offenders, and there is increased political scrutiny on employers’ use of criminal history questions to screen job applicants. Momentum is steadily gaining to “ban the box” in favor of an individualized assessment of job applicants to determine if criminal background screening is job related and consistent with business necessity. The convergence of these developments may leave employers feeling overwhelmed. Even “ban the box” advocates recognize that employers have valid reasons for knowing who they are hiring. The key for employers is to be aware of the recent developments and adapt their hiring processes accordingly.

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