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Employment Discrimination Criminal Records State Labor Laws

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

Littler

Wisconsin Supreme Court Tackles Thorny Contours of Arrest Record Discrimination

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In a recent case, Oconomowoc Area School District v. Cota, the Wisconsin Supreme Court examined the definition of “arrest record” and the circumstances under which employers may lawfully consider arrest records in making...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

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

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

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

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

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

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

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

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

Louisiana Enacts Law Impacting Employer Consideration of Applicant Criminal Histories

On June 9, 2021, the Louisiana State Legislature passed House Bill (HB) No. 707, a measure that prohibits discrimination in employment based on criminal history records and that provides criteria for employers making hiring...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

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

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

Fisher Phillips

Illinois Set To Impose New Restrictions And Requirements On Employers

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Illinois is not only poised to join the ranks of states that either prohibit or limit employers’ ability to evaluate applicants’ and employees’ criminal conviction records, but also implement a retaliation standard that more...more

Seyfarth Shaw LLP

Illinois Set to Provide Enhanced Employment Protections to Ex-Offenders

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Seyfarth Synopsis: Illinois currently has a ban-the-box law restricting employers from asking about criminal history generally until after an interview and the state’s Human Rights Act makes it unlawful for an employer to...more

Saul Ewing LLP

Illinois Poised To Bar Criminal Conviction Discrimination

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In 2015, Illinois became one of the first states to enact a “ban the box” law, preventing employers from inquiring about criminal histories on employment applications. The “ban the box” law followed a general prohibition in...more

Littler

Hawaii Amends its Ban the Box Law to Fortify Protections for Ex-Offenders

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Hawaii has long had a law limiting the discretion that employers have to consider older conviction records in making employment decisions.  Effective September 15, 2020, SB 2193 prevents most private sector employers from...more

Seyfarth Shaw LLP

Update #2: Waterloo, Iowa Enacts Ban the Box Restrictions

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Seyfarth Synopsis:  Waterloo, Iowa has enacted the state’s first “Ban the Box” Ordinance. UPDATE #2:  On April 3, 2020, the lawsuit brought by the Iowa Association of Business and Industry (the “Association”) against the...more

McNees Wallace & Nurick LLC

Maryland Enacts Ban-the-Box Law: How Your Organization Can Ensure Compliance

If your business operates in Maryland, you need to be aware of SB 839, a law that took effect February 29, 2020.  SB 839 prohibits employers with 15 or more full-time employees from asking job applicants about their criminal...more

Pierce Atwood LLP

New England “Ban-the-Box” Trend: Navigating Criminal History Checks in the Hiring Process

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Many states and localities have been adopting “ban-the-box,” prohibiting employers (including private employers) from asking applicants to disclose information concerning their criminal histories prior to an initial interview...more

Littler

New Year, New Local Ban-the-Box Restrictions on Background Checks

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With the start of a new year—and a new decade—employers in San Francisco, California, Waterloo, Iowa, and Grand Rapids, Michigan, must follow new “ban-the-box” laws restricting their use of criminal records in hiring and...more

Morgan Lewis

Maryland General Assembly Overrides Governor’s ‘Ban-the-Box’ Veto

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Maryland employers with 15 or more employees are prohibited from inquiring about a job applicant’s criminal history during early stages of the hiring process. ...more

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