Jennifer Mora

Jennifer Mora

Littler

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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

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

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

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

New York City Council Passes the First Citywide Bill Restricting Employers from Using Credit Information in Employment Decisions

On April 16, 2015, the New York City Council overwhelmingly passed a bill to make it unlawful for most employers to use an applicant's or employee's credit history for employment purposes, except in certain, specified...more

4/22/2015 - Credit Reports Hiring & Firing Job Applicants Local Ordinance Screening Procedures

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

San Francisco's OLSE Issues "FAQs" On Fair Chance Ordinance

Starting on August 13, 2014, employers doing business in the City of San Francisco, California have had to comply with sweeping amendments to San Francisco Police Code, Article 49, and Administrative Code, Article 12 ("the...more

12/18/2014 - Covered Entities Criminal Background Checks Hiring & Firing Job Applicants OLSE San Francisco

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

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

Rhode Island Enacts "Ban the Box" Law Prohibiting Employment Application Criminal History Inquiries Until the First Job Interview

Effective January 1, 2014, a recent amendment to Rhode Island law will restrict the timing of pre-employment inquiries by Rhode Island employers about a job applicant's criminal past. Employers who are covered by the law may...more

7/18/2013 - Ban the Box Criminal Background Checks Hiring & Firing Interviews Job Applicants New Legislation

Seattle Adopts Ordinance Limiting Inquiries Into and Use of Criminal Records for Employment Purposes

Effective November 1, 2013, Seattle, Washington will join various other jurisdictions (most recently Minnesota, Indiana, North Carolina and Buffalo, New York) that limit inquiries into and the use of criminal records for...more

6/17/2013 - Criminal Background Checks FCRA Hiring & Firing Job Applicants Local Ordinance Municipalities

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

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