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An Act Relating To Fair Chance In Employment

On July 6, 2021, Maine Governor Janet Mills signed a bill titled An Act Relating To Fair Chance In Employment. It bolsters the state’s existing “Ban the Box” policies. The new law says employers may not:

• Request criminal history record information on the employer's initial employee application form; or
• State on an initial employee application form or advertisement or specify prior to determining a person is otherwise qualified for the position that a person with a criminal history may not apply or will not be considered for a position.

Considering Criminal Records

After extending a conditional job offer, employers are encouraged to run background checks on their candidates. These reports help organizations make informed decisions, conduct due diligence and maintain safe workplaces. They could contain information about criminal records that, depending on the severity, cause a hiring manager to consider taking an adverse action.

With the passing of this new bill, employers in Maine are asked to give applicants an opportunity to explain the information and circumstances about their convictions. This can include details about post-conviction rehabilitation. In some cases, employers might determine that a person’s criminal record is minor and not something that would warrant denial of employment.

Exceptions

An Act Relating To Fair Chance In Employment lists some exceptions regarding the requirement to remove questions about criminal records from job applications. Organizations may keep such questions if:

• The position is one for which a federal or state law or regulation or rule creates a mandatory or presumptive disqualification based on a conviction for one or more types of criminal offenses, and the questions on the initial employee application form are limited to the types of criminal offenses creating the disqualification; or
• The employer is subject to an obligation imposed by a federal or state law or regulation or rule not to employ in a position a person who has been convicted of one or more types of criminal offenses, and the questions on the initial employee application form are limited to the types of criminal offenses creating the obligation.

What Employers Should Know

Employers in Maine should be aware of this bill and know that it goes into effect in October, 2021. Once it does, affected organizations must remove questions about criminal records from their applications and only inquire about an applicant’s criminal history after otherwise confirming their eligibility. They should further know that they may be fined between $100 and $500 per violation of this Act. Learn more.

We recommend consulting with legal counsel to ensure your hiring and screening policies are up-to-date and compliant with relevant laws.

Running Background Checks

Numerous laws are designed to create second chances for people who were formerly incarcerated. They are intended to help people re-enter society, support themselves and their families and avoid recidivism. In every case, employers are encouraged to run comprehensive background checks that could show a person is not properly qualified or has a serious criminal history that might indicate they pose an undue risk to a business, staff or the public.

When you need background reports for employment purposes, please contact us. Our experienced team can help you customize screening packages for any position. We are available to assist you Monday through Friday from 5am to 6pm PT.