Criminal History – When Is it Legal To Ask?

“Ban the Box” legislation is putting a halt on employers asking about criminal history during specific parts of the hiring process. Be sure you know when it is legal to ask about criminal records. See the latest Ban the Box update below and stay tuned to our HR Solutions Blog  for more!

An Update to Recent Ban the Box Legislation:

Philadelphia: Previously, Philadelphia’s ordinance applied to employers with 10+ employees, and required the employer to postpone any discussion or inquiry of criminal records until after the first interview.  The new amendment effective March 14, 2016 will require most employers with at least one employee in Philadelphia to, among other things, postpone any discussion or inquiry of criminal records until after a conditional offer of employment is extended.

Related Cases and Violations:

New York: Attorney General Schneiderman announced settlements with two major national retailers, Big Lots Stores and Marshalls, to “Ban the Box” on initial employment applications at their Buffalo stores.  “The settlement will ensure that both companies comply with the local Buffalo law that prohibits employers from inquiring into criminal history on initial employment applications.  In addition to satisfying the requirements of the local ordinance, both companies have taken the additional step of removing such inquiries from applications to any store in New York State.”

States to Watch:


Please contact Credential Check Corporation to discuss the impact on your company.

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