Are You Required to Make a Conditional Offer Before Running a Background Check for an Applicant?

There have been recent developments in the Ban the Box campaign which have resulted in different requirements for making a conditional offer to a potential employee.  These requirements are based on whether or not your city or county has banned the box.  What is a conditional offer?  It’s an offer that you, the employer, extend to a candidate pending the successful completion of specific conditions.  So, let’s find out if your city or county requires a conditional offer by referencing the NELP (National Employment Law Project) Ban the Box Resource Guide:

http://www.nelp.org/page/-/SCLP/Ban-the-Box.Current.pdf?nocdn=1

For a quick reference, here are the states where cities or counties have banned the box:

• California
• Connecticut
• Delaware
• Florida
• Georgia
• Illinois
• Indiana
• Kentucky
• Louisiana
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Missouri
• New Jersey
• New York
• North Carolina
• Ohio
• Oregon
• Pennsylvania
• Rhode Island
• Tennessee
• Texas
• Virginia
• Washington
• Washington DC
• Wisconsin

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