News & Analysis as of August 3, 2025

Adverse Employment Action

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Washington’s Fair Chance Act: New Amendments Transform Employer Background Check Policies

Seyfarth Shaw LLP on 5/6/2025

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

San Diego County Joins California Jurisdictions With Fair Chance Ordinances

Seyfarth Shaw LLP on 10/15/2024

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

LA County Expands California’s “Ban the Box” Effective March 28, 2024

CDF Labor Law LLP on 3/25/2024

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

California Changes Background Check Procedures

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/30/2023

The California Civil Rights Council recently amended the regulations interpreting California’s 2018 Fair Chance Act, which go into effect October 1, 2023. The new regulations add restrictions, make clarifications, and...more

California Employers Using Criminal History Face New Compliance Obligations

Seyfarth Shaw LLP on 8/23/2023

For many years, California employers have been subject to the state’s Fair Chance Act, which (in a nutshell) requires employers to...more

NYC Votes To Further Prohibit Consideration Of Criminal History In Employment Settings

Fisher Phillips on 12/22/2020

Further restrictions on New York City employers’ ability to take adverse action against applicants or employees based on their criminal history are on the horizon. The New York City Council just passed a bill which will...more

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

Littler on 2/13/2020

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

New York City Issues Fair Chance Act Notice Form for Criminal Background Checks

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/28/2015

As we previously reported in July and June, New York City recently passed the Fair Chance Act (FCA), which becomes effective on Tuesday, October 27, 2015, and is applicable to criminal background checks. Among other...more

Best Practices for Complying with the New York City Fair Chance Act

Seyfarth Shaw LLP on 10/26/2015

Given the imminent effective date of New York City’s Fair Chance Act, employers may be wondering what they need to do to comply with the law. As many employers are aware, effective October 27, 2015, the Fair Chance Act...more

NYCCHR Publishes Pre-Adverse Action Form

Proskauer - Law and the Workplace on 10/26/2015

New York City’s new Fair Chance Act goes into effect this Tuesday (October 27, 2015). As discussed in our prior posts, New York employers have long been required – prior to taking adverse action on the basis of an...more

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