NABET, NABET 2015 Faculty Conference

Font Size: 
Comparative Analysis of Fair Chance Policies
John C. Cameron

Last modified: 2016-06-13

Abstract


The screening of employment applications is a customary practice in the private and public sectors including businesses and governmental agencies.  Applicants are considered for employment opportunities in the examination and selection process based on various qualification criteria including skills, experience and background check.  Employers establish hiring policies and application screening processes to recruit the most qualified candidates through suitable examination, based upon organizational needs, regulatory compliance and risk management considerations.   Criminal background checks present a particular uncertainty in light of recent fair chance policy legislation.  According to the National Employment Law Project, such reform legislation has been approved in many states, municipalities and counties (Greenwald, 2015).   In addition, major national private sector employers have adopted similar corporate policies (Wescoe, 2015).  Prior research to examine provisions associated with fair chance policies within the United States have been limited. To address this gap in the literature, this paper will examine fair chance policy trends including prohibitions, disclosure, exemptions, job relatedness, notification requirements, limitations, rebuttal and appeal opportunities and disclaimer provisions.


Keywords


fair chance policy, ban the box legislation, criminal background checks, application screening, employment practices, employment qualifications, job application