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Local government agencies will not be allowed to create Ban the Box related laws. Instead, IN employers must follow laws that are passed by the state.

About Ban the Box

Ban the Box is a policy that was developed to help people with minor criminal convictions find employment. Some job applications ask if the person has ever been convicted of any crime. If the answer is yes, the person is required to check a box. If an applicant checks this box, they probably won't receive further consideration, even if their conviction was minor or irrelevant to the position.

The primary purpose of the Ban the Box movement is to remove such questions from job applications. Proponents believe this will give millions of people a better chance at finding work. More candidates would go through the initial hiring and interview process and those that pass would be asked to consent to a background screening.

A background check shows criminal convictions that are reportable, meaning they can legally be used to make business decisions. This gives employers the data they need to make educated decisions. At that point an employer could consider a candidate's strengths and history to decide if a pre-adverse action is necessary.

Why Indiana Implemented This Bill

Numerous cities and states have implemented Ban the Box laws, but they are not consistent. It can be difficult for employers to comply with all relevant laws because they may vary drastically from one location to another. Indiana's new bill hopes to fix this issue.

Senate Bill 312 prohibits local government agencies from developing and passing their own Ban the Box laws. Governor Eric Holcomb signed the Bill and it goes into effect on July 1, 2017. When it does, businesses that operate in Indiana must be aware of and follow state laws that cover the background screening process.

What This Means for Indiana Based Employers

This new law is expected to help create a smoother and easier hiring flow for employers in the Hoosier state. Without it, Indiana businesses would need to check for local laws that are in place anywhere they operate.

As of July 1, Indiana-based employers will have to follow state mandated laws. This eliminates the difficulty of keeping up with differing laws that are passed in various cities. It also creates a consistent process for job seekers and is expected to help many people find employment.

Indiana employers should prepare for the changes that come with Bill 312.

Your Hiring Policies

Every employer must be aware of Ban the Box and related laws that are in effect wherever they operate. Not following these laws could lead to lawsuits and other legal issues. We recommend fully documenting your entire screening process and updating it when existing laws change or new bills are passed.

The screening staff at Backgrounds Online works diligently to keep up with laws that impact our customers. Your account manager can help you create Custom Background Check Packages that include the searches you need to make informed decisions while you remain compliant with local and federal regulations.

If you have questions or need assistance, please contact us today.