How to Conduct Criminal Background Checks the Right Way
A recent opinion from the Eastern District of Pennsylvania serves a win to a medical marijuana card-holder who brought claims against an employer under the Americans with Disabilities Act (“ADA”), the Pennsylvania Medical...more
In 2018, Washington enacted a Fair Chance Act, requiring covered employers to wait until after considering an applicant to be “otherwise qualified” for the position at issue to inquire about or consider criminal history when...more
In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers. On the second day of the holidays, my labor and...more
The New York State Clean Slate Act (the "Act") went into effect Saturday, November 16, 2024, bringing with it new obligations for New York employers who rely on criminal background checks. Under the Act, certain criminal...more
New York’s Clean Slate Act is now effective. The Act will lead to the automatic sealing of certain criminal records and will require greater disclosure by employers of the criminal history they can consider in connection...more
Seyfarth Synopsis: Since 2018, California has had a comprehensive Fair Chance Act (CFCA), which places a number of restrictions on employers using criminal history for hiring and other employment purposes. San Francisco and...more
The Prince George’s, Maryland County Council recently enacted Bill CB-019-2024, amending the county's Fair Criminal Record Screening Standards. Effective September 16, 2024, the ordinance—renamed “Access to Employment for...more
Starting after Labor Day, employers with jobs located in the unincorporated areas of the County of Los Angeles, including work-from-home and hybrid positions, must comply with the County’s fair chance hiring ordinance. The...more
Since California’s enactment of the Fair Chance Act (“Act”) over six years ago, California’s private and county employers with five or more employees have become well-acquainted with the Act’s general prohibition of employers...more
Comedian and actor, Micah “Katt” Williams has officially broken the internet. Katt’s viral interview on former NFL star Shannon Sharpe’s, podcast, “Club Shay Shay,” has been viewed over 50 million times (and counting)...more
New York has enacted the Clean Slate Act, effective November 16, 2024, which will provide for the automatic sealing of certain criminal history records. Upon sealing, the records will be unavailable to most employers in a...more
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
On October 1, 2023, changes to the Fair Employment and Housing Act regulations that govern how employers can use information about criminal history in employment decisions go into effect, modifying California Code of...more
WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today released two companion reports examining the federal employment of workers with arrest or conviction records. The EEOC developed these reports in...more
The California Civil Rights Council previously issued draft revisions to the Fair Employment and Housing Act’s regulations governing inquiries into and consideration of a job applicant’s criminal history in making hiring...more
For nearly a decade, Chicago has maintained a “ban-the-box” ordinance restricting employer’s use of criminal records in employment screening. This ordinance largely mirrored the requirements of Illinois’ state-wide Job...more
Existing California law regulates inquiries into and the use of criminal history information in hiring and personnel decisions. Existing California law also substantially impedes the ability of employers (and background...more
Effective December 15, 2022, the city of Gainesville became the first jurisdiction in Florida to restrict the use of pre-employment inquiries into an applicant’s criminal history.1 The City has now joined the dozens of other...more
Employers that rely on criminal background checks to vet candidates know all too well that they must comply with a legion of statutes, ordinances, and regulations. On December 15, 2022, the Civil Rights Council (“Council”)...more
Background checks are a great idea—unless you fail to do them correctly. Mistakes can be costly. One online retailer paid $5 million to settle a class action filed by 454,000 job applicants alleging violations of the Fair...more
In a case in which Quarles & Brady’s Bob Duffy and Lindsey Davis were honored to represent Cree, Inc. (“Cree”), on March 10, 2022 the Wisconsin Supreme Court provided long awaited and important guidance concerning when an...more
Background check industry groups have mounted a full-court press to remedy the recent slowdown in criminal record searches in California state courts caused by last year’s court of appeal decision in All of Us or None v....more
On March 10, 2022, the Wisconsin Supreme Court released its decision in Cree, Inc. v. Labor and Industry Review Commission, which provides significant clarity for employers evaluating whether a domestic-related crime of an...more
The Wisconsin Fair Employment Act (WFEA) prohibits employers from discriminating against applicants and employees on the basis of their arrest and conviction records. Generally, an employer cannot make decisions on the basis...more
Q: Ban the Box has been around for several years now, and I know at least one city in Iowa implemented local regulations about background checks. What is the status in Iowa?...more