Seyfarth Synopsis: On November 16, 2023, New York became the 12th state to enact “Clean Slate” legislation, which allows certain criminal records to be sealed after an individual is sentenced or released from incarceration,...more
12/6/2023
/ Background Checks ,
Conditional Job Offers ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Reform ,
Labor Regulations ,
New York ,
Sealed Records ,
State and Local Government
Seyfarth Synopsis: The New York City’s Fair Chance Act amendments are scheduled to go into effect on July 29, 2021, after bill Introduction No. 1314-A became law on January 10, 2021. Among other things, the amendments expand...more
Seyfarth Synopsis: On August 5, 2017, the Final Rules and Regulations for the New York City Fair Chance Act (the “FCA”) go into effect. The FCA, which is enforced by the New York City Commission on Human Rights (the...more
Seyfarth Synopsis: In recent years, numerous cities and counties have enacted ordinances restricting the ability of public and private employers to inquire into the criminal histories of applicants during various stages of...more
7/24/2017
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Corporate Counsel ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Fair Chance Act ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
New Legislation
Seyfarth Synopsis: The City of Los Angeles recently issued its Rules and Regulations Implementing the Fair Chance Initiative For Hiring (Ban the Box) Ordinance, providing critical guidance to employers on compliance with the...more
2/22/2017
/ Ban the Box ,
Criminal Background Checks ,
Employer Liability Issues ,
Exceptions ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Local Ordinance ,
Notice Requirements ,
Posting Requirements ,
Record Retention
Seyfarth Synopsis: The City of Los Angeles recently issued its anticipated Rules and Regulations Implementing the Fair Chance Initiative For Hiring (Ban the Box) Ordinance, providing critical guidance to employers on...more
2/3/2017
/ Ban the Box ,
Criminal Background Checks ,
Employer Liability Issues ,
Fair Chance Act ,
Hiring & Firing ,
Interviews ,
Job Applicants ,
Local Ordinance ,
Notice Requirements ,
Posting Requirements ,
Record Retention
Seyfarth Synopsis: The Los Angeles Fair Chance Initiative for Hiring (the “Ordinance”) imposes a host of new unlawful hiring practices upon private employers regarding inquiries into criminal convictions. Chief among them, an...more
1/31/2017
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Chance Act ,
Fines ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Notice Requirements ,
Penalties ,
Posting Requirements ,
Record Retention ,
Unlawful Hiring Practices
Seyfarth Synopsis: The Legislature of the State of Texas has introduced a new bill designed to create uniformity within its borders by prohibiting municipalities and counties from micro-managing the particular steps involved...more
12/23/2016
/ Background Checks ,
Ban the Box ,
Criminal Background Checks ,
Hiring & Firing ,
Job Applicants ,
Legislative Agendas ,
Local Ordinance ,
Municipalities ,
Pending Legislation ,
State and Local Government ,
Uniformity
Seyfarth Synopsis: Effective July 1, 2017, the Los Angeles Fair Chance Initiative for Hiring (the “Ordinance”) imposes a host of new unlawful hiring practices upon private employers regarding inquiries into criminal...more
12/12/2016
/ Background Checks ,
Ban the Box ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Chance Act ,
Fines ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Notice Requirements ,
Penalties ,
Posting Requirements ,
Record Retention
On June 27, 2016, the U.S. Court of Appeals for the Fifth Circuit handed a victory to the State of Texas in Texas v. EEOC , No. 14-10949 (5th Cir. June 27, 2016), by remanding back to the district court the case it dismissed...more
6/29/2016
/ Appeals ,
Article III ,
Corporate Counsel ,
Criminal Background Checks ,
Criminal Records ,
Disparate Impact ,
Equal Employment Opportunity Commission (EEOC) ,
Final Guidance ,
Hiring & Firing ,
Imminent Harm ,
Legitimate State Interest ,
Regulatory Burden ,
Standing ,
Title VII
Seyfarth Synopsis: Connecticut amends its “ban the box” law with regard to employers and modifies technical requirements for consumer reporting agencies. The law is an expansion of Connecticut’s current law, and places...more
Seyfarth Synopsis: As cities across the nation adopt “ban the box” legislation that regulates private employers’ ability to inquire into applicants’ and employees’ criminal histories, employers face a nuanced gauntlet of...more
Effective April 4, 2016, Austin’s Fair Chance Ordinance (the “Ordinance”) imposes a host of new unlawful hiring practices upon private employers regarding inquiries into criminal convictions. Chief among them, an employer...more
Seyfarth Synopsis in a Second: As of March 14, 2016, employers in Philadelphia are required to post a new poster on their website and premises and are prohibited from inquiring about an applicant’s criminal background during...more
The New Jersey Department of Labor and Workforce Development issued its final regulations, effective immediately on December 7, 2015, clarifying the requirements of the state-wide ban-the-box law, also known as the...more
On December 15, 2015, Philadelphia passed an upgrade of its “ban the box” law, the Fair Criminal Records Screening Standards Ordinance. In 2011, Philadelphia led the pack by becoming the first U.S. city to pass an ordinance...more