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| Criminal Record Checks
June 4 2018

Failing to sufficiently perform background checks puts ban-the-box in a new light

Employers must show caution as cases involving negligent hiring, when a crime is committed in the workplace which was judged foreseeable due to the employee's criminal history, are on the rise.

Ban-the-Box stipulates that a background check can only be undertaken once a conditional offer of employment has been given, and the candidate notified of the check.  A decision to deny employment must be made only after a "fair chance" process which is highly individualised. Even with these limits, it is important that employers do take care not to hire potentially dangerous applicants.