U.S. states, as well as municipalities such as New York City, have been proactive in recent years passing “ban-the-box” legislation that severely restricts the right of employers to check, much less consider, the credit and criminal histories of job applicants.
Hiring Practices and the FCPA
While laws such as the FCPA do not necessarily prohibit hiring individuals with criminal records or bad credit records or who are former government officials, they do require employers to identify these individuals and assess whether their hire would pose a threat, violate the laws outright or impose an administratively difficult burden due to the need to monitor their activities.
By
Philip M. Berkowitz
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