In a Tip of the Week earlier this month, OPENonline discussed the recent pre-employment screening laws passed in Maryland and Philadelphia. Now, less than two weeks later, another city has jumped on the bandwagon, enacting similar restrictions on an employer's use of credit checks and criminal records in the hiring process.
CREDIT CHECKS
Hartford's decision to ban credit checks in the screening process makes it the first municipal ordinance of its kind in the country. Applicants' credit scores can no longer be utilized to determine conditional offers of employment. The city now joins Maryland, Illinois, Oregon, Washington, and Hawaii - the handful of states who have already passed similar legislation.
BAN THE BOX
Hartford will also enforce "ban the box" laws, prohibiting employers from inquiring about an applicant's criminal history on initial applications or questioning them about charges or arrests that did not result in convictions and are no longer pending. Only when a conditional offer is made can an employer obtain information regarding an applicant's criminal record.
These laws seek to give applicants an equal opportunity for employment by eliminating opportunities for discrimination early in the hiring process. However, criminal history checks are a vital step in ensuring a safe and productive workplace and preventing claims for negligent hiring or retention.