Seeking employment after a conviction comes with many challenges. With some employers continuing to hold stigma related to criminal records, individuals looking for a new start face higher chances of rejection, which can then lead to higher rates of recidivism.
To protect the interest of its workforce, New Mexico has designed several laws to prevent hiring discrimination. One of them is the state’s ban-the-box law.
The Criminal Offender Employment Act went into effect in 2019. Like other ban-the-box laws, it prohibits employers from asking applicants questions about their criminal history during the initial job application stage. The legislation aims to allow applicants to get evaluated on their merits.
A study of human resources statistics shows that employers also benefit from fair hiring policies. It found that employees with criminal backgrounds are 1-1.5% more productive than individuals without criminal records.
Understanding the protection provided by the law can help you protect your right to employment.
Points to consider
Some of the key provisions of New Mexico’s ban-the-box law include:
- Prohibiting initial criminal history inquiries: The law prohibits private employers with four or more employees from asking about an applicant’s criminal history on initial job applications. They cannot include questions about criminal records on written or electronic applications.
- Pushing background checks later in the hiring process: Employers can only inquire about an applicant’s history of arrest or conviction later in the hiring process. They can time it during an interview or after a conditional job offer.
- Restricting questions on sealed or dismissed records: Employers can’t ask about or consider sealed, dismissed, expunged or pardoned criminal records.
Data on ban-the-box laws show that they reduce employment discrimination and mitigate the financial impact of mass incarceration in communities. Consulting an employment and criminal law attorney is advisable if you suspect discrimination in a hiring process. Protect your dignity and right to work to protect your family’s future.