Ban-the-box laws prohibit employers from asking applicants about criminal history on the job application. While there is no federal ban-the-box law for private employers, many states and cities have passed laws that apply to private employers and some also have additional requirements or exemptions (i.e. security-related jobs, working with children or the elderly). For a list of Ban-The-Box states: Ban-The-Box
FCRA mandates that employers obtain the written consent of the applicant prior to running a credit check. In addition, laws restricting employer credit checks were enacted in California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Nevada, Oregon, Vermont, Washington; and New York City and Chicago. For more information: Using Credit Histories in Employment Decisions
The Drivers Privacy Protection Act (DPPA) safeguards the personal information of licensed drivers from improper use or disclosure. It requires state DMV’s to restrict the use of personal information contained in driver records to those uses allowed by the Federal DPPA which defines penalties and civil liability for violations. Many states have imposed restrictions beyond that of the federal statute. For more information: Govinfo DPPA Code
The FTC and EEOC prepared this publication offering tips for businesses on the lawful use of background information: FTC What Employers Need to Know
Federal and state laws discourage employers from screening out applicants based solely on their criminal record. It’s important to consider other factors, like the nature and severity of the offense, the time that has passed since the offense and/or completion of their sentence, and the nature of the position sought. You can find more useful info here: SHRM Individualized Assessments
Keeping up with all the state laws can be quite a challenge. Here is a great resource for the laws in each state: NOLO State Employment Laws