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Employment Discrimination Criminal Records Employer Liability Issues

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

Akerman LLP - HR Defense

Back to Basics: The 2025 Employment Law Playbook

The employment law landscape has seen widespread changes on the federal and state levels in recent years. In light of what is poised to be years of even more changes, now is an opportune time to re-examine the basics of a...more

CDF Labor Law LLP

San Diego’s New Fair Chance Ordinance

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In keeping with the recent proliferation of fair chance legislation at the state and local levels, effective October 10, 2024, businesses with five or more employees who carry out business in unincorporated areas of San Diego...more

Fisher Phillips

Employer FAQs on the New and Expansive Anti-Discrimination Rules in Pennsylvania’s Lehigh County

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Employers with operations in Lehigh County, Pennsylvania, must comply with a new and expansive anti-discrimination ordinance that took effect June 1. Our FP attorneys developed this series of FAQs to address all employment...more

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

Arrested Development: Wisconsin Court of Appeals Holds ‘Arrest Record’ Does Not Include Civil Violations

When is an offense a covered “offense” under the Wisconsin Fair Employment Act’s (WFEA) prohibition against arrest record discrimination? This was the question answered by the Wisconsin Court of Appeals in its recent decision...more

Morrison & Foerster LLP

Key Updates for UK Employers: A Look Through to the End of 2023 and Beyond

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The regulatory landscape for UK employers has evolved significantly over the second half of 2023. New legislation is in force or is due to come into force over the next 12 months, covering a variety of employment-related...more

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

New York State’s Clean Slate Act to Take Effect on November 16, 2024: 5 Things for Employers to Know

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 Shaw LLP

New York State Enacts Legislation Sealing Criminal Records

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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

Bond Schoeneck & King PLLC

New York State’s Clean Slate Act: Highlights for Private Employers Including Healthcare and Human Services Employers

On Nov. 16, 2023, New York State Gov. Kathy Hochul signed legislation, also known as the Clean Slate Act, to automatically seal from public access criminal records for most individuals convicted of a crime....more

Littler

The Bar Has Been Lowered – Congress Further Relaxes Hiring Restrictions for Banking Personnel with Criminal Histories

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On December 23, 2022, President Biden signed into law H.R. 7776, the “James M. Inhofe National Defense Authorization Act for Fiscal Year 2023” (the “NDAA 2023”). What many may not yet realize is that Section 5705 of the NDAA...more

Littler

The Bar Has Been Lifted – Congress Further Relaxes Hiring Restrictions for Banking Personnel with Criminal Histories

Littler on

On December 23, 2022, President Biden signed into law H.R. 7776, the “James M. Inhofe National Defense Authorization Act for Fiscal Year 2023” (the “NDAA 2023”). What many may not yet realize is that Section 5705 of the NDAA...more

Faegre Drinker Biddle & Reath LLP

State & Local Employment Law Developments: Q4 2022

The trend of increasing workplace regulations by state and local governments continued throughout the fourth quarter of 2022. Although it is not possible to discuss all state and local laws, this update provides an overview...more

Littler

Implementation of Connecticut’s Clean Slate Law Set to Begin January 1, 2023

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Earlier this month, Governor Ned Lamont announced the long-awaited implementation of the state’s so-called “Clean Slate Act” – sort of.  According to a recent press release, January 1, 2023 will see the full or partial...more

Faegre Drinker Biddle & Reath LLP

Restrictions on Hiring Personnel with Criminal Histories in the Insurance Industry

Over the last several years, federal and state governments have pushed employers to reemploy offenders, such as through tax incentives and subsidized training. Despite the public interest in such initiatives and programs, the...more

Littler

Wisconsin Supreme Court Eases the Burden for Employers Defending Arrest and Conviction Record Discrimination Claims Under State...

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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

Dentons

HR Quick Take: Ban the Box

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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

Fisher Phillips

Top 6 Workplace Law Proposals Raised During Governor Hochul’s 2022 New York State of State Address

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Although New York Governor Hochul’s first State of the State address focused on efforts to emerge from the COVID-19 pandemic, she still managed to provide insight on a few key areas of labor and employment law that will...more

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

LIRC’s View of the ‘Substantially Related’ Defense to Arrest and Conviction Record Discrimination Claims: Will Recent Events in...

Wisconsin is one of a limited number of states that prohibits discrimination in employment on the basis of arrest or conviction records. The Wisconsin Fair Employment Act (WFEA) protects “properly qualified individuals” from...more

Littler

Another Privacy Headache for California: Court of Appeal Ruling Will Slow Down Criminal Background Checks Throughout California

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Companies that hire employees and engage independent contractors in California should brace for a significant slowdown in background checks that include criminal record searches in California state courts....more

Proskauer - California Employment Law

New Restriction on Background Checks in California

The California Court of Appeal has ruled that date of birth and/or a driver’s license number cannot be used to identify individuals in an electronic search of the criminal index of court records.  All of Us or None v....more

Littler

The Dust Hasn’t Settled Yet: Employers Must Continue to Be Thoughtful About Criminal Record Screening Policies

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Last month, the new chair of the EEOC, Charlotte A. Burrows, was the keynote speaker at a conference regarding new research on criminal recidivism....more

Amundsen Davis LLC

State Survey – Considering Criminal Convictions In Private Employment Decisions

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As we previously discussed, Illinois has moved beyond “ban-the-box” and now significantly restricts employers’ ability to consider criminal convictions when making employment decisions. (For more details see our employer’s...more

Epstein Becker & Green

Illinois Places Significant Restrictions on Employers’ Use of Criminal Conviction History and Imposes EEO Reporting Requirement

Illinois recently enacted SB 1480 (or “Law”) which, among other measures, effective immediately, places significant restrictions on the ability of Illinois employers to refuse to hire a job applicant or take adverse action...more

Littler

Illinois Imposes New Criminal History Check Requirements on Employers

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On March 23, 2021, Governor J.B. Pritzker signed a bill (SB1480) that amends the Illinois Human Rights Act (IHRA) to, among other things, impose new requirements on employers that perform criminal history checks on their...more

Epstein Becker & Green

New York City Expands Applicant and Employee Protections Under Its “Ban the Box” Law

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On January 10, 2021, Int. 1314-A (“Law”) was enacted, and it goes into effect on July 28, 2021. The Law significantly expands job applicants’ protections under New York City’s Fair Chance Act (“FCA”), otherwise known as the...more

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