Virginia’s New Record Sealing Laws Give a Second Chance to Reformed Individuals
Earlier this year, we covered Kansas City’s efforts to expand employment protections for individuals with criminal histories. Meanwhile, Virginia has...
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Verified Credentials Feb 18, 2020 12:00:00 AM
We have previously reported on multiple recently enacted Ban the Box laws, both at the state and municipal levels. As you may know, Ban the Box laws often feature restrictions that prevent employers from asking about a job candidate’s criminal history early in the hiring process. The city of Grand Rapids, Michigan has recently joined the “movement,” with their own Ban the Box-style restrictions, which became effective on December 1, 2019. And the city did this despite a 2018 Michigan state law that restricts counties and cities in Michigan from passing Ban the Box ordinances.
According to state law:
“A local governmental body shall not adopt, enforce, or administer an ordinance, local policy, or local resolution regulating information an employer or potential employer must request, require, or exclude on an application for employment or during the interview process from an employee or a potential employee. This section does not prohibit an ordinance, local policy, or local resolution requiring a criminal background check for an employee or potential employee in connection with the receipt of a license or permit from a local governmental body.” (Full text available here).
How did Grand Rapids circumvent the Michigan state law? By placing their Ban the Box restrictions in a new “Human Rights Ordinance”. The ordinances states:
In addition to employers, individuals screening potential tenants should be mindful of Grand Rapids’ Human Rights Ordinance, as well. The ordinance also states:
The full text of the Human Rights Ordinance can be found here (employment restrictions can be found in Section 9.959 and housing restrictions can be found in Section 9.958 of Chapter 176 of the Grand Rapids, Michigan Code of Ordinances).
Because the Grand Rapids Ban the Box-style restrictions are tucked into an anti-discrimination law, instead of a traditional Ban the Box law, the restrictions on using criminal history information can be easy to overlook. You may want to carefully review this ordinance with your legal advisors to determine whether these restrictions apply to you.
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We had previously discussed a Ban the Box law in Columbia, South Carolina, that went into effect in August 2019.