News & Analysis as of

Employment Discrimination Criminal Convictions

Littler

News of an Employee’s Arrest or Pending Criminal Charges Poses a Dilemma for California Employers

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Every day, the press reports on arrests for one reason or another in California and other states. Many of those arrested have jobs. In turn, the employers of the arrestees in California are confronted with a dilemma: on the...more

Zuckerman Spaeder LLP

Understanding the Second Chance Amendment Act: A Guide for D.C. Practitioners on Expungement and Record-Sealing

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The Second Chance Amendment Act, D.C.’s new expungement and record-sealing law, went into effect on March 1, 2025.1 This Act provides significant improvements, as D.C.’s prior regime was uniquely complex and restrictive....more

Hinshaw & Culbertson - Employment Law...

The New York Clean Slate Act Goes Into Effect: What Employers Need to Know

On November 16, 2024, the New York Clean Slate Act (the "Act") went into effect. Under the Act, certain conviction records will be automatically sealed from public access after a specified time period. The New York State...more

ArentFox Schiff

New York’s Clean Slate Act Limits Consideration of Most Criminal Convictions for Employers Running Criminal Background Checks

ArentFox Schiff on

On November 16, New York’s Clean Slate Act took effect. The purpose of the Act is to aid in curbing discrimination in the workplace against individuals with certain New York State criminal convictions. As discussed below, the...more

Littler

New York State Clean Slate Act Takes Effect this Saturday, November 16, 2024

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The New York State Clean Slate Act (“Clean Slate Act”) takes effect Saturday, November 16, 2024. Littler previously summarized the requirements of the statute when it passed the state legislature and was signed by Governor...more

Jackson Lewis P.C.

Municipal Violation Is Not ‘Arrest Record’ Covered by Wisconsin Fair Employment Act, Court Holds

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The Wisconsin Fair Employment Act’s (WFEA’s) prohibition against discrimination based on employees’ arrest and conviction record has always been considered broad, and its standard of allowing employers to make employment...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Expands Marijuana Employment Antidiscrimination Law

On October 7, 2023, California Governor Gavin Newsom signed Senate Bill (SB) No. 700 into law, expanding California’s Fair Employment and Housing Act to protect applicants from discrimination based on prior cannabis use, with...more

Jackson Lewis P.C.

2023 New York State Legislature Concludes with Flurry of Activity Pertinent to New York Employers

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The 2023 New York State Legislature recently concluded its legislative session (after being called back for two weeks to consider certain pieces of legislation). The session ended with a flurry of activity relevant to...more

Husch Blackwell LLP

Risk of Using Third-Party Job Posting Sites

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Third-party job posting sites such as Indeed, Job Recruiter, etc., can be an easy and efficient way for employers to fill positions with quality candidates; however, Wisconsin employers, including out-of-state employers with...more

Amundsen Davis LLC

Current Issues Under an Old Law: Wisconsin’s Arrest and Conviction Record Protected Classification

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Although the Wisconsin Fair Employment Act (WFEA) has included arrest and conviction record as a category protected from discrimination since 1977, a decision of the Wisconsin Supreme Court last year demonstrates that the...more

Harris Beach Murtha PLLC

What Connecticut’s Expanded Clean Slate Law Means for Employers

On January 1, 2023, Connecticut Public Act No. 21-32[1] the “Clean Slate” law expanded protections for applicants and employees with criminal records. Employers are prohibited from requesting information about, making hiring...more

Jackson Lewis P.C.

Connecticut ‘Clean Slate’ Law, Erasure of Criminal Convictions, Takes Effect January 1, 2023

Jackson Lewis P.C. on

On January 1, 2023, a major law about the erasure and consideration of criminal convictions in employment in Connecticut will take effect. Passed by the Connecticut legislature and signed into law by Governor Ned Lamont in...more

Quarles & Brady LLP

Wisconsin Supreme Court Clarifies When a Conviction is Substantially Related to An Individual’s Employment

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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

Husch Blackwell LLP

Illinois Enacts SB 1480 Strengthening The Equal Pay Act And Restricting Use Of Criminal Convictions In Employment Decisions

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On March 23, 2021, Illinois Governor Pritzker signed into law Senate Bill 1480, which amends both the Illinois Human Rights Act (IHRA) and the Illinois Equal Pay Act, and requires employers to report EEO-1 and pay data to the...more

Seyfarth Shaw LLP

Illinois Enacts Law Providing Enhanced Employment Protections to Individuals With Criminal Convictions

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Seyfarth Synopsis: On March 23, 2021, Governor J.B. Pritzker signed into law SB 1480, which includes amendments to the Illinois Human Rights Act prohibiting employment discrimination based on an individual’s conviction...more

Littler

Supreme Court of Puerto Rico Rules “Ex-Offender” is not a Protected Category

Littler on

Article II, Section 1, of the Puerto Rico Constitution’s Bill of Rights prohibits "discrimination on the basis of race, color, sex, birth, origin or social status, or political or religious ideas." In Garib Bazain v. Hospital...more

Jackson Lewis P.C.

Suffolk County, New York, Follows ‘Ban The Box’ Trend

Jackson Lewis P.C. on

The Suffolk County, New York, Legislature has passed the “Fair Employment Screening Amendment” to the Suffolk County Code, prohibiting the County or any other employer having at least 15 employees from asking job applicants...more

Dorsey & Whitney LLP

The Supreme Court - December 18, 2019

Dorsey & Whitney LLP on

Today, the Supreme Court of the United States granted certiorari in the following cases: Our Lady of Guadalupe School v. Morrissey-Berru, No. 19-267; St. James School v. Biel, No. 19-348: Whether the First Amendment’s...more

Allen Matkins

2018 Labor & Employment Law Update for California Employers

Allen Matkins on

The New Year will welcome in a number of new California laws affecting employers. Below is a brief summary of many of these laws, which generally take effect on January 1, 2018. Employers should review their policies and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - June 2017

This edition examines recent labor and employment developments at the U.S. federal, state and local levels, including the House of Representatives' American Health Care Act and the Senate's Better Care Reconciliation Act, the...more

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