I spend a fair amount of time trying to get released felons hired into white-collar positions that they are not only qualified for, but better qualified for than anyone without a criminal record who'd be willing to work for the same pay.

I see a lot of silly behavior, stupid misconceptions, and baseless prejudice. (My guess is that I'm about to see a burst of all three right here on this thread.)

But for me, a law like that would be a complete disaster. If the background check has to be delayed until after the interview, then the very fact that a background check was conducted is evidence that the employer considered the candidate qualified for the job, which means that if he doesn't get the job because of an unrelated felony record, he can sue the employer, which means the employer isn't going to ever get within half a mile of anybody who even looks like he might possibly smell of a felony, just to avoid lawsuits.

Not only would such a law be a disaster for me and the guys I try to place: it would also be a disaster for folks who have never been to prison but for some reason look or sound like they might have been.

You don't eliminate prejudice by making laws against it. You eliminate prejudice by bringing it out into the open and turning it into a competitive disadvantage.

"But whether the Constitution really be one thing, or another, this much is certain--that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist." --Lysander Spooner, 1867