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The Council voted for an ordinance that prohibits employers from asking applicants about criminal records until after an interview or conditional job offer.

About the Ordinance

A "Ban the Box" ordinance was reviewed by the City Council of Spokane, Washington on November 27, 2017. The goal of this ordinance is to help people who have an arrest record or minor conviction find employment. It disallows employers from asking about arrests or convictions on job applications and prohibits them from running a criminal background check until after conducting an interview or extending a conditional job offer.

Spokane residents were allowed to share their opinions at the City Council meeting. Numerous people who have criminal records talked about how difficult it is to find employment or even land an interview.

Many felt that a Ban the Box law would help. It would give people an opportunity to be seen by employers so they could discuss their qualifications before a final hiring decision is made. When someone checks a box on a job application to indicate they have a record, they are unlikely to receive further consideration.

The City Council Vote

After hearing the testimonials, the Council voted 5 to 2 to adopt a Ban the Box law. A member of the Council who also helped write the proposed legislation said: "We're going to put a stake in the ground for community reconciliation, in our city, and across the state, and across the nation."

According to an article in The Spokesman Review newspaper, members of the Council were moved by what they heard during the meeting. Much of the support for the ordinance came from of a group known as "I Did the Time." This Washington-based organization is dedicated to helping "individuals and families who are working to overcome barriers associated with past offenses with political advocacy and organizing."

New Laws for Spokane Employers

The ordinance stipulates new regulations for Spokane-based employers and defines penalties for those that fail to comply. It states that employers may not:

• Include questions about arrest or criminal records on job applications.
• Advertise job openings in a way that discourages or excludes people from applying if they have a record.
• Ask an applicant if they have a criminal history until after conducting an interview or extending a conditional job offer.
• Disqualify a candidate due to a conviction unless the conviction is relevant to the expected job duties or allowed within the ordinance.

Employers that violate this ordinance would be charged $261. That amount can be doubled for additional violations.

What Employers Should Know

Ban the Box laws have been passed in numerous cities and states. More are expected to be implemented in 2018.

Current best practice is to not inquire about arrests or criminal records until after a conditional offer is extended, even if your business operates in an area that does not have a Ban the Box law. This is for the benefit of both job seekers and employers.

Millions of Americans have criminal records. Many of these would not be considered serious enough to cause the person to be ineligible for employment. Businesses that are unwilling to interview someone who has an arrest or a conviction may miss out on opportunities to hire highly qualified individuals.

By "banning the box", employers can learn about an applicant's qualifications and then find out if the person has a record. If they do, then the employer can use that and other relevant information to help them make an educated decision. It's also important to note that some Ban the Box laws establish guidelines for employers to follow after learning that an applicant has a criminal history.

It can be tough to keep up with all the laws that affect employers, especially since they are not consistent from state to state. Every employer must be aware of and compliant with laws that are in effect where they operate. Background Online is committed to learning about laws that affect our customers and providing educational resources to help with compliance efforts.

If you have questions about what we can do for you, please contact us today.