The Hiring Process Tightrope — Tips for Employers in the Senior Care Space to Navigate the EEOC’s Guidance on Criminal Background Checks and “Ban the Box” Laws

For employers in the senior living and long-term care industry, criminal history information is a crucial tool in the hiring process. Various state and federal laws prohibit retirement communities from employing individuals who have been convicted of certain crimes involving abuse, neglect, or mistreatment. Despite this, federal agencies and state governments are increasingly limiting an employer’s use of criminal history information through constraints on background checks and new "Ban the Box" laws. These laws generally prohibit employers from inquiring into an applicant’s criminal history until after a first interview or conditional offer of employment is made.

Navigating these legal hurdles while maintaining employee and resident safety can baffle even the best-intentioned administrators, executives, and attorneys. To break through the clutter, below we summarize the Equal Employment Opportunity Commission’s (EEOC) guidance on the use of criminal history information, explain why "Ban the Box" initiatives matter, and outline strategies for compliance.

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