Following closely on the heels of a citywide bill restricting employer’s use of credit information for employment decisions, on June 10, 2015, the New York City Council passed a new bill restricting an employer’s ability to...more
In recent years, the Equal Employment Opportunity Commission has aggressively sought to enforce its April 2012 enforcement guidance concerning how, in the EEOC’s view, Title VII of the Civil Rights Act of 1964 restricts an...more
5/14/2015
/ Ban the Box ,
Civil Rights Act ,
Credit History ,
Criminal Background Checks ,
Criminal Records ,
Dollar General ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Title VII ,
Wrongful Termination
The latest chapter in the ongoing saga of employment-related criminal background checks in the United States has been written, and one of the authors had some particularly strong words for the Equal Employment Opportunity...more
Starting on August 13, 2014, employers doing business in the City of San Francisco, California have had to comply with sweeping amendments to San Francisco Police Code, Article 49, and Administrative Code, Article 12 ("the...more
On August 22, 2014, the District of Columbia Mayor signed a new law restricting most employers that operate in the District of Columbia in their ability to rely on criminal history information, including criminal background...more
On August 11, 2014, New Jersey Governor Chris Christie signed “The Opportunity to Compete Act,” which restricts the ability of covered employers to inquire into, and use, criminal records. New Jersey’s so-called...more
In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its updated enforcement guidance concerning how, in its view, Title VII of the Civil Rights Act of 1964 (Title VII) restricts an employer’s discretion...more
On February 11, 2014, the San Francisco Board of Supervisors passed sweeping amendments to San Francisco Police Code, Article 49, and Administrative Code, Article 12 (“the amendments” or “the ordinances”) that significantly...more
2/19/2014
/ Adverse Employment Action ,
Anti-Retaliation Provisions ,
Background Checks ,
Ban the Box ,
Criminal Background Checks ,
Criminal Records ,
Employee Definition ,
Employment Application ,
Human Resources Professionals ,
Job Applicants ,
Personnel Records ,
Posting Requirements
On October 10, 2013, California joined the growing list of states with expanded protections for individuals with prior criminal records when Governor Jerry Brown approved a bill (SB 530) amending the California Labor Code.1 ...more
In This Issue:
- Summary Of FCRA Obligations On Employers That Use Consumer Reports For Employment Purposes
- Potential Liability For FCRA Non-Compliance And The Growing Wave Of FCRA Class Action
-...more
Effective January 1, 2014, a recent amendment to Rhode Island law will restrict the timing of pre-employment inquiries by Rhode Island employers about a job applicant's criminal past. Employers who are covered by the law may...more
Effective November 1, 2013, Seattle, Washington will join various other jurisdictions (most recently Minnesota, Indiana, North Carolina and Buffalo, New York) that limit inquiries into and the use of criminal records for...more
In March 2010, an employer successfully persuaded the Equal Employment Opportunity Commission (EEOC) to concede its disparate impact discrimination lawsuit against the employer based on its criminal record screening policies...more
6/17/2013
/ Background Checks ,
Consumer Reports ,
Credit History ,
Criminal Background Checks ,
Criminal Records ,
Discrimination ,
Disparate Impact ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Investigations ,
Title VII
The public policy interests supporting employment-related protections for ex-offenders, including encouraging ex-offenders to reenter the workforce, are detailed in the updated EEOC Enforcement Guidance, titled “Consideration...more
In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its updated enforcement guidance concerning how, in its view, Title VII of the Civil Rights Act of 1964 (Title VII) restricts an employer's discretion...more
2/5/2013
/ Background Checks ,
Burden of Proof ,
Credit History ,
Criminal Background Checks ,
Daubert Ruling ,
Dismissals ,
Disparagement ,
Equal Employment Opportunity Commission (EEOC) ,
Evidence ,
Summary Judgment ,
Title VII