Examining the Efficacy of Ban the Box in 2024 and Best Practices

VerifyProtect’s comprehensive background screening services can help you make informed hiring decisions and protect your business from potential risks. Today, we will discuss both the good and the bad of the Ban the Box movement and where we stand in 2024.

Per our website, “Ban the Box laws requiring employers to remove criminal-history questions from employment applications have been enacted in many states, cities, and counties. Primarily covering the public sector, many ban the box laws also apply to private-sector employers, seeking to protect applicants and candidates convicted of a crime from automatic disqualification during the selection process. In some cases, employers can inquire or check for criminal history after conducting a first interview; others must wait until they’ve extended a job offer.”

Examining the Efficacy of Ban the Box in 2024

While the first Ban the Box policy was passed in the United States in 1998, and the provision was expanded in 2021 to include federal contractors, US News and World Report notes that there is still not enough data to determine whether or not the Ban the Box movement is actually effective. In fact, it could be detrimental to all parties involved.

According to the National Conference of State Legislatures, citing a recent study titled The Unintended Consequences of Ban the Box: Statistical Discrimination and Employment Outcomes when Criminal Histories are Hidden, “Ban the Box policies arose from a belief that employers should consider a job candidate’s qualifications first—without the stigma of a conviction or arrest record.” However, while “many Ban the Box policies provide applicants a fair chance at employment by removing conviction and arrest history questions from job applications and delaying background checks until later in the hiring process….” evidence suggests “employers are using statistical discrimination as a stand-in for the criminal history question on applications,” potentially violating Title VII of the Civil Rights Act of 1964.

Adhering to Hiring Best Practices Under Ban the Box

Hiring a new employee without an awareness of previous criminal charges or convictions on their record can leave you and your business vulnerable. With that said, we advise screening all potential hires across the board, when legally allowed under Ban the Box. Not only is this a fair and equitable best practice, but it can also help prevent the potential legal consequences of not doing so.

Since 1988, VerifyProtect has been a leading provider of employment screening services, including four types of Criminal background checks, to help companies small and large hire great talent and mitigate risks. With our expertise and affordable pricing options, you can ensure a thorough and reliable screening program for all your candidates.

VerifyProtect delivers first class Employee Background Screening services nationwide. We save you time with fast, personal service and unquestionable results, utilizing advanced technology, and reviewed by a trained professional, not an AI bot. Our experts will ensure that your background check program integrates seamlessly and affordably into your hiring process. Visit WWW.VERIFYPROTECT.COM today to learn more!


Kristina Taylor
In 1989, Kristina began her career as a customer service representative at the newly formed American Tenant Screen, Inc. Ten years later, she pioneered tenant background screening on the Internet. As a long-standing member of the National Multifamily Resident Information Council (formerly the National Association of Screening Agencies) Kristina gains insight into the trends of the tenant screening industry to better understand the current and future needs of their clients.

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