Jennifer Mora

Jennifer Mora


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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

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

Oregon to Become the Latest State to Ban the Box

On June 16, 2015, the Oregon House passed an amended version of House Bill 3025, which will prohibit most employers from asking questions about criminal history on job applications or at any other point in the hiring process...more

6/23/2015 - Background Checks Ban the Box Best Practices Criminal Background Checks Enforcement Hiring & Firing Job Applicants New Legislation

New York City Council Bans the Box

Following closely on the heels of a citywide bill restricting employer’s use of credit information for employment decisions, on June 10, 2015, the New York City Council passed a new bill restricting an employer’s ability to...more

6/15/2015 - Background Checks Ban the Box Criminal Background Checks Hiring & Firing Human Rights Code NYCHRL

Update on Criminal Background Checks: Impact of EEOC v. Freeman and Ongoing Challenges in a Continuously Changing Legal...

The latest chapter in the ongoing saga of employment-related criminal background checks in the United States has been written, and one of the authors had some particularly strong words for the Equal Employment Opportunity...more

2/24/2015 - Background Checks Corporate Counsel Criminal Background Checks Disparate Impact EEOC Employer Liability Issues Enforcement Hiring & Firing

Four New Laws Within 40 Miles: The Washington, DC Area Accelerates the "Ban-the-Box" Movement

The Washington, DC area has become the leading edge of the "ban-the-box" movement, with four new ban-the-box laws applicable to private employers enacted in the past six months. Baltimore, Maryland, started the trend when...more

12/3/2014 - Background Checks Ban the Box Criminal Background Checks EEOC Employer Liability Issues Employment Application FCRA Hiring & Firing Job Applicants New Legislation

The Old (Law) is New Again: Plaintiffs Increasingly Using Old Pennsylvania Law to Challenge Background Check Decisions

In a climate of increased national scrutiny regarding employer use of criminal background screening, plaintiffs are turning to a provision in the Pennsylvania Criminal History Record Information Act (CHRIA), 18 Pa.C.S. §...more

11/10/2014 - Background Checks Criminal Background Checks Employer Liability Issues Hiring & Firing Job Applicants

Private Sector Employers in the District of Columbia Will Soon Be Required to Comply with a New Law Restricting Their Ability to...

On August 22, 2014, the District of Columbia Mayor signed a new law restricting most employers that operate in the District of Columbia in their ability to rely on criminal history information, including criminal background...more

8/25/2014 - Background Checks Criminal Background Checks Employer Liability Issues Hiring & Firing Job Applicants New Legislation

The Swelling Tide of Fair Credit Reporting Act (FCRA) Class Actions: Practical Risk-Mitigating Measures for Employers

In This Issue: - Summary Of FCRA Obligations On Employers That Use Consumer Reports - Potential Liability For FCRA Non-Compliance - The Swelling Tide Of Class Action Filings - Mitigating Measures -...more

8/4/2014 - Background Checks Best Management Practices Class Action Consumer Reports Credit Reports Employer Liability Issues FCRA Hiring & Firing Risk Assessment Risk Mitigation Screening Procedures

Illinois Enacts New Law Impacting Inquiries on Criminal Background Checks

On July 19, 2014, 2014, Illinois Governor Pat Quinn signed into law the Job Opportunities for Qualified Applicants Act, which will go into effect on January 1, 2015. The new law will restrict the timing of pre-employment...more

7/22/2014 - Background Checks Check the Box Rules Corporate Counsel Criminal Background Checks Employer Liability Issues Hiring & Firing Job Applicants

“Ban-the-Box” and Beyond: Employers That Do Business In or Contract with the City of San Francisco Should Review Sweeping...

On February 11, 2014, the San Francisco Board of Supervisors passed sweeping amendments to San Francisco Police Code, Article 49, and Administrative Code, Article 12 (“the amendments” or “the ordinances”) that significantly...more

2/19/2014 - Adverse Employment Action Anti-Retaliation Provisions Background Checks Ban the Box Criminal Background Checks Criminal Records Employee Definition Employment Application Human Resources Professionals Job Applicants Personnel Records Posting Requirements

Weathering the Sea Change in Fair Credit Reporting Act Litigation in 2014

In 2013, the ballooning number of employment class actions illuminated the sea change in Fair Credit Reporting Act (FCRA) litigation. The FCRA was enacted in 1970 during President Nixon's administration, and is hardly in its...more

1/6/2014 - Background Checks Ban the Box Consent Contract Drafting Credit Reporting Agencies Credit Reports Employee Rights Employment Policies FCRA Hiring & Firing Job Offers Personnel Records

Federal Court Dismisses EEOC Title VII Disparate Impact Suit Over Alleged Discriminatory Background Checks Without Trial

On August 9, 2013, a federal district court judge in Maryland dismissed, without a trial, the Equal Employment Opportunity Commission’s (EEOC) Title VII suit against Freeman over alleged discriminatory background checks based...more

8/13/2013 - Background Checks Discrimination Dismissals Disparate Impact EEOC Expert Witness Frivolous Lawsuits Title VII

Two New EEOC Criminal Record Lawsuits Underscore Important Strategic and Practical Considerations for Employers Conducting...

In March 2010, an employer successfully persuaded the Equal Employment Opportunity Commission (EEOC) to concede its disparate impact discrimination lawsuit against the employer based on its criminal record screening policies...more

6/17/2013 - Background Checks Consumer Reports Credit History Criminal Background Checks Criminal Records Discrimination Disparate Impact EEOC Enforcement Actions Investigations Title VII

The Flurry of New Employment Laws Regulating the Use of Criminal Records Continues with Expanded Restrictions in Indiana, North...

The public policy interests supporting employment-related protections for ex-offenders, including encouraging ex-offenders to reenter the workforce, are detailed in the updated EEOC Enforcement Guidance, titled “Consideration...more

6/11/2013 - Background Checks Criminal Background Checks Criminal Records Expungement Hiring & Firing New Legislation Title VII

EEOC Suit Against Employer Screening Applicants Based on Credit History Information Dismissed

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its updated enforcement guidance concerning how, in its view, Title VII of the Civil Rights Act of 1964 (Title VII) restricts an employer's discretion...more

2/5/2013 - Background Checks Burden of Proof Credit History Criminal Background Checks Daubert Ruling Dismissals Disparagement EEOC Evidence Summary Judgment Title VII

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