Phil Gordon of Littler Mendelson writes about the current legislative trend toward banning employers from asking applicants to answer the question “Have you ever been convicted of a crime?” on applications. These “ban-the-box” laws “prohibit employers from inquiring into criminal history in the job application,” but they also “create a complex, legislative patchwork” due to variations on the allowed timing for asking whether an applicant has committed a crime—especially for organizations operating in multiple states. Gordon offers tips on how organizations can mitigate risk and reduce liability, as well as exploring the reason for the trend in this Privacy Tracker post. Meanwhile, Texas’ attorney general has sought an injunctive and declaratory relief against the Equal Employment Opportunity Commission mainly over its “prohibition against blanket ‘no felons’ hiring policies.” (IAPP member login required.)
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