Records of criminal convictions can last a lifetime, and thus can bring a lifetime of difficulty for employees with a criminal conviction history in finding employment, leaving them significantly disadvantaged before they even make it into the interview room. Lack of employment or difficulty assimilating after spending time in the criminal justice system can further increase the chances of re-offending, exacerbating the problem. These issues prompted a wave of state and local “ban-the-box” legislation – laws that delay employers from inquiring into or considering a job applicant’s criminal history until later in the hiring process.
The nearly 40 states and more than 150 cities and counties that have enacted ban-the-box laws, orders or ordinances have taken different approaches to the language of the legislation and how it functions. But the bottom line generally is the same: prohibiting any “box” on a job application that an applicant must check to indicate whether they have a criminal history, and deferring any inquiry into an applicant’s criminal history until at least an interview has been held or a conditional offer of employment has been extended. When criminal history can be considered, these laws also direct employers to evaluate the duration of time since the offense, the applicant’s rehabilitative history and the relation if any between the offense of conviction and the duties and responsibilities associated with the position sought, as well as to engage in a...
Key Takeaways Aetna allegedly leveraged inaccurate Medicare Advantage diagnosis coding to elevate risk adjustment payments, including morbid obesity coding inconsistent with clinical documentatio...