Jennifer Mora

Jennifer Mora

Littler

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Philadelphia Becomes the First Jurisdiction in 2016 to Restrict Employers from Using Credit Information in Employment Decisions

On June 7, 2016, Philadelphia Mayor Jim Kenney signed a bill to make it unlawful, with limited exceptions, for employers to procure or use an applicant’s or employee’s credit history for employment purposes. Philadelphia...more

6/21/2016 - Background Checks Corporate Counsel Credit History Employer Liability Issues Employment Application Employment Discrimination Hiring & Firing Job Applicants Local Ordinance Popular

Cal/OSHA Warns California Employers That Another Hot Summer is on the Horizon

On June 1, 2016, the California Occupational Safety and Health Division (Cal/OSHA), predicting that temperatures in certain parts of Southern California and even the cooler Bay Area are expected to exceed 100 degrees, issued...more

6/14/2016 - Emergency Management Plans Employer Liability Issues OSHA Severe Weather Workplace Hazards Workplace Injury Workplace Safety

Ohio Becomes the Latest State to Legalize Marijuana for Certain Medical Uses While Avoiding Constitutional Ballot Initiatives

Last year, Ohio legislators found themselves caught in the middle of a media firestorm created by various pro-legalized marijuana groups who were politically savvy and financially funded enough to place multiple proposed...more

6/13/2016 - Controlled Substances Controlled Substances Act Decriminalization of Marijuana Employment Policies Marijuana Medical Marijuana New Legislation Popular

Connecticut Becomes the Third Jurisdiction in 2016 to "Ban the Box"

On June 1, 2016, Connecticut Governor Dannel Malloy signed a bill into law that prohibits most employers from requesting criminal history information on an initial employment application. Connecticut’s new “ban-the-box” law...more

6/6/2016 - Background Checks Ban the Box Corporate Counsel Criminal Background Checks Employment Application Hiring & Firing Job Applicants New Legislation

OSHA’s New Electronic Accident Reporting Rule Seeks to Dramatically Impair Post-Accident Drug and Alcohol Testing

Many thousands of employers implement post-accident drug and alcohol testing policies to promote workplace safety, as part of accident investigation efforts and in the hope of reducing workplace accidents and workers’...more

5/16/2016 - Alcohol Testing Data Collection Drug Testing Electronic Filing Employer Liability Issues Employer Mandates Final Rules OSHA Reporting Requirements Workplace Injury Workplace Safety

FTC Releases Updated FCRA Guidance On Background Checks

On May 10, 2016, the Federal Trade Commission (FTC) released a new publication related to background checks and the Fair Credit Reporting Act (FCRA) titled What Employment Background Screening Companies Need to Know About the...more

5/12/2016 - Background Checks Corporate Counsel Credit Reporting Agencies Credit Reports Employer Liability Issues Employment Discrimination FCRA FTC Hiring & Firing

Pennsylvania's Medical Marijuana Act Leaves Employers' Ability to Enforce Strict Drug-Free Workplace Policies Hazy

On April 17, 2016, Pennsylvania Governor Tom Wolf signed legislation authorizing the use of medical marijuana (the Medical Marijuana Act or MMA) in Pennsylvania. The new law – effective May 17, 2016 – allows patients...more

5/10/2016 - ADA Controlled Substances Controlled Substances Act Decriminalization of Marijuana Employer Liability Issues Employment Discrimination Employment Policies Marijuana Medical Marijuana New Legislation

Vermont Joins the Ranks of Cities and States that "Ban the Box"

On May 3, 2016, Vermont Governor Peter Shumlin signed a bill into law that prohibits most employers from requesting criminal history information on an employment application. The law adds a new section to the state statutory...more

5/10/2016 - Background Checks Ban the Box Corporate Counsel Criminal Background Checks Employer Liability Issues FCRA Hiring & Firing Independent Contractors Job Applicants New Legislation

Protecting Alcoholics, Preventing Alcohol Misuse and Distinguishing Between the Two

It has long been clear that the Americans with Disabilities Act of 1990 (ADA) protects alcoholism if it qualifies as a “disability.”1  That said, courts have consistently held that employers can have legitimate work rules...more

3/30/2016 - ADA Corporate Counsel Disability Discrimination Drug & Alcohol Abuse EEOC Employment Policies FMLA Hiring & Firing Reasonable Accommodation Substance Abuse Wage and Hour

Austin Becomes the First City in Texas to “Ban the Box”

On March 24, 2016, the Austin City Council passed the Fair Chance Hiring Ordinance, which will prohibit most employers from asking questions about or considering an individual’s criminal history until after making a...more

3/28/2016 - Ban the Box Corporate Counsel Criminal Background Checks Employer Liability Issues Hiring & Firing Job Applicants Local Ordinance

Proposed Regulations Issued by the New York City Commission on Human Rights Clarify and Expand the Citywide "Ban-the-Box" Law

New York City’s Fair Chance Act (FCA), which became effective on October 27, 2015, imposes obligations on covered employers and employment agencies well beyond all other "ban-the-box" laws.  On November 5, 2015, the New York...more

2/25/2016 - Background Checks Ban the Box Criminal Records Fair Chance Act FCRA Hiring & Firing Staffing Agencies

New Mexico Court Finds Employer Had No Obligation to Accommodate Medical Marijuana Use

Must a New Mexico employer allow an employee to use medical marijuana as a reasonable accommodation for the employee’s disability? “No,” according to a New Mexico federal district court. On January 7, 2016, the court held...more

1/26/2016 - Corporate Counsel Disability Discrimination Employment Policies Hiring & Firing Medical Marijuana Popular Reasonable Accommodation Young Lawyers

FINRA Members Subject to New Background Screening Rules

Last year, the Financial Industry Regulatory Authority (FINRA), a non-governmental organization that regulates member brokerage firms and exchange markets, approved proposed Rule 3110(e), which enhances the background...more

1/22/2016 - Background Checks Ban the Box BrokerCheck Brokers Disclosure Requirements FCRA FINRA Screening Procedures

New Jersey Agency Issues Regulations on Statewide “Ban-the-Box” Law

As previously reported, on August 11, 2014, New Jersey Governor Chris Christie signed “The Opportunity to Compete Act” – New Jersey’s so-called “ban-the-box” law – which restricts the ability of covered employers to inquire...more

1/21/2016 - Ban the Box Criminal Background Checks EEOC Hiring & Firing New Legislation

Pennsylvania Court Rules Background Screening Law Unconstitutional

On December 30, 2015, the Commonwealth Court in Pennsylvania unanimously found the Older Adults Protective Services Act’s (the Act) lifetime prohibition on the ability of individuals with convictions to hold certain jobs in...more

1/20/2016 - Criminal Background Checks EEOC Elder Issues FCRA Health Care Providers Hiring & Firing Long Term Care Facilities Nursing Homes

Federal Courts Increase Scrutiny of Employer Compliance with the FCRA's Adverse Action Requirements

In the last two years, the number of employment class actions under the federal Fair Credit Reporting Act (FCRA) has ballooned. Most of the cases reported in the media have involved challenges to an employer’s compliance with...more

1/4/2016 - Adverse Action Background Checks Class Action Corporate Counsel FCRA Hiring & Firing Title VII

FMCSA Lowers Random Drug Testing Level to 25 Percent in 2016

On December 21, 2015, the Federal Motor Carrier Safety Administration (FMCSA) announced that it is reducing the minimal annual percentage rate for random drug testing for drivers subject to the Department of Transportation’s...more

12/23/2015 - Department of Transportation (DOT) Drug Testing FMCSA Transportation Industry

President Obama's Order "Banning the Box" for Federal Employees is an Important Reminder to All Employers to Implement Hiring Best...

Last month, President Obama announced a new mandate to the federal government's human resources department to "delay inquiries into criminal history until later in the hiring process."  ...more

12/8/2015 - Ban the Box Criminal Background Checks Employment Discrimination Federal Employees Hiring & Firing

New York City Commission on Human Rights Issues Guidance on Citywide "Ban-the-Box" Law

On November 5, 2015, the New York City Commission on Human Rights (NYCCHR) released its 13-page Interpretative Enforcement Guidance regarding the City's Fair Chance Act (FCA). The FCA, which became effective on October 27,...more

11/9/2015 - Ban the Box Criminal Background Checks Employment Discrimination Fair Chance Act Hiring & Firing Popular

EEOC Settles Background Check Litigation with BMW, But Also Faces Steep Attorneys’ Fees in Freeman Case

After several high-profile setbacks in disparate impact discrimination lawsuits challenging criminal record screening policies, the EEOC has entered into a settlement (consent decree) in one of its few remaining cases, a...more

9/23/2015 - Background Checks Ban the Box BMW Civil Rights Act Consent Decrees Criminal Background Checks Discrimination Disparate Impact EEOC Employment Discrimination FCRA Hiring & Firing Popular Race Discrimination Settlement Title VII

State Appellate Court Considers Employer’s Duty to Conduct Criminal Background Checks

In the last few years, there has been a significant spike in the number of lawsuits challenging employer use of criminal background checks, including class action lawsuits brought under the federal Fair Credit Reporting Act. ...more

9/16/2015 - Appeals Ban the Box Civil Rights Act Class Action Criminal Background Checks Criminal Records Discrimination FCRA Hiring & Firing Negligence Staffing Agencies Title VII

Private-Sector Employers Doing Business with Local Governments may be Subject to Even More Ban-the-Box and Other Laws Restricting...

In 1998 Hawaii became the first state to pass a so-called "ban-the-box" law, prohibiting both private- and public-sector employers from inquiring about an applicant's conviction history until after the employer makes a...more

7/14/2015 - Background Checks Ban the Box Credit History Criminal Background Checks Criminal Records EEOC Fair Chance Act FCRA Federal Contractors Hiring & Firing Private Sector Public Sector

Background Screening Companies May Now Report Convictions Older Than Seven Years in Nevada

Under the federal Fair Credit Reporting Act (FCRA), background screening companies (or consumer reporting agencies) are generally prohibited from reporting certain types of derogatory information that the FCRA considers to be...more

6/25/2015 - Background Checks Ban the Box Credit Reporting Agencies Credit Reports Criminal Background Checks Discrimination EEOC FCRA Hiring & Firing Title VII

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