South Carolina weighing up 'ban the box' legislation

February 4, 2019

Several bills are pending in South Carolina state legislature right now that could have a significant impact on employers across the state.

One of the most significant is House Bill 3463: a ‘ban the box‘ proposal that would prohibit employment applications from including questions related to convictions of a crime, unless the crime directly relates to the position sought.

This bill would provide other requirements designed to give applicants with criminal histories a better opportunity to be hired and also place requirements on public employers and licensing authorities to conduct job-relatedness analyses (taking into account the nature of the crime and the nature of the job) when considering criminal information.

In short, the bill seeks to alter what employers can include on an employment application and the manner in which certain employers can consider criminal history information.

Currently, 32 states and over 150 localities have enacted ‘ban the box‘ laws for public employers; approximately 12 states and 17 localities have extended such laws to private-sector employers, and some jurisdictions have extended such laws to government contractors.

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