Quicky Hire Policy Center

Conviction History Disclosure Policy

Overview

Quicky Hire’s Conviction History Disclosure Policy is established to ensure compliance with state-specific regulations and to promote fair hiring practices. This policy governs the inclusion of references to criminal history or background checks in job postings, particularly for positions located in New York and New Jersey. By adhering to these guidelines, Quicky Hire maintains a respectful and legally compliant job marketplace for both employers and job seekers.

Policy Statement

Quicky Hire does not allow job postings in New York and New Jersey that reference criminal history or background checks. Examples of prohibited language include phrases like “Must be able to pass a background check.” This restriction aims to comply with state laws that protect job seekers from discrimination based on their criminal history. However, there are limited exceptions for certain job roles where such disclosures are legally permissible. Employers whose job postings are rejected under this policy but believe they qualify for an exception under state law may request a reconsideration of their job posting.

Definitions

Conviction History Disclosure

Conviction history disclosure refers to any mention or requirement in a job posting that pertains to an applicant’s criminal history, background checks, or the ability to pass such checks. This includes, but is not limited to, statements like “Must be able to pass a background check” or “No convictions in the past five years.”

Background Check

A background check is a process used by employers to verify the information provided by job applicants, which may include criminal records, employment history, education verification, and other relevant personal information.

Reasoning

Why Conviction History Disclosure is Problematic

References to criminal history or background checks in job postings can inadvertently lead to discrimination against qualified candidates who have a criminal past but are otherwise suitable for the role. Such practices can:

• Limit Opportunities: Reduce the chances for individuals with criminal records to gain meaningful employment, thereby hindering their rehabilitation and reintegration into society.
• Promote Bias: Encourage employers to make hiring decisions based on past convictions rather than current qualifications and capabilities.
• Violate State Laws: In states like New York and New Jersey, there are specific regulations that restrict employers from using criminal history as a basis for employment decisions unless it is directly relevant to the job.

Guidelines for Employers

1. Avoid References to Criminal History

• Prohibited Language: Do not include any references to criminal history, background checks, or the requirement to pass such checks in job postings for positions based in New York and New Jersey.
  • Incorrect: “Must be able to pass a background check.”
  • Correct: “We are an equal opportunity employer committed to diversity and inclusion.”

2. Understand State-Specific Exceptions

• Limited Exceptions: Certain roles may legally require background checks due to the nature of the work (e.g., positions involving vulnerable populations, security, or law enforcement). Employers must ensure that any exceptions comply strictly with state laws.
  • Example: “This position requires a valid security clearance due to the sensitive nature of the work.”

3. Focus on Job Qualifications

• Skills and Experience: Emphasize the qualifications, skills, and experience necessary for the role rather than focusing on an applicant’s criminal background.
  • Example: “Looking for a detail-oriented individual with experience in financial analysis.”

4. Provide Equal Opportunity Statements

• Inclusive Language: Include statements that reinforce your commitment to equal employment opportunities without mentioning criminal history.
  • Example: “We welcome applicants from all backgrounds and are committed to creating an inclusive work environment.”

Compliance Requirements

To comply with the Conviction History Disclosure Policy, employers must:

1. Exclude Criminal References: Ensure that all job postings for positions in New York and New Jersey do not contain any references to criminal history or background checks.
2. Adhere to State Laws: Familiarize themselves with and adhere to state-specific employment laws regarding criminal history disclosures.
3. Utilize Equal Opportunity Language: Incorporate inclusive language that promotes diversity and equality without implying discrimination based on criminal history.
4. Request Reconsideration When Applicable: If a job posting is rejected under this policy but the employer believes it qualifies for an exception under state law, they may request a review by providing appropriate documentation and justification.

Consequences of Non-Compliance

Violating the Conviction History Disclosure Policy may result in the following actions:

• Job Posting Removal: Non-compliant job listings will be removed from Quicky Hire’s platform immediately.
• Reduced Visibility: Job postings that contain prohibited references may experience decreased visibility in search results.
• Account Restrictions: Repeated violations can lead to restrictions on the employer’s ability to post jobs or utilize certain features on Quicky Hire.
• Permanent Ban: Severe or continuous non-compliance may result in the permanent banning of the employer’s account from Quicky Hire.

Purpose

The Conviction History Disclosure Policy is designed to:

• Promote Fair Hiring Practices: Ensure that job seekers are evaluated based on their qualifications and abilities rather than their past convictions.
• Comply with State Regulations: Adhere to New York and New Jersey laws that protect individuals from employment discrimination based on criminal history.
• Enhance Platform Integrity: Maintain the quality and reliability of Quicky Hire’s job marketplace by enforcing policies that promote fairness and inclusivity.

Best Practices for Employers

To maintain compliance and foster an inclusive hiring environment, employers should:

1. Use Inclusive Language:
   • Craft job descriptions that focus on the role’s responsibilities, qualifications, and benefits without mentioning criminal history or background checks.
2. Educate Hiring Teams:
   • Train recruitment personnel on state-specific laws and the importance of avoiding discrimination based on criminal history.
3. Implement Fair Screening Processes:
   • Develop unbiased screening processes that assess candidates based on their skills and experience rather than their past convictions, unless directly relevant to the job.
4. Provide Clear Job Descriptions:
   • Ensure that job postings clearly outline the duties, qualifications, and expectations for the role to attract the most suitable candidates.
5. Offer Equal Opportunities:
   • Promote a diverse and inclusive workplace by encouraging applications from individuals of all backgrounds and experiences.

Compliance and Support

Employers are encouraged to regularly review their job postings and hiring practices to ensure full compliance with the Conviction History Disclosure Policy. Quicky Hire provides resources and support to help employers understand and implement fair hiring practices that align with state regulations and promote an inclusive job marketplace.

Need Assistance?

If you have any questions about the Conviction History Disclosure Policy or need help ensuring your job postings comply, please contact Quicky Hire support for further assistance.