Katharine Parker

Katharine Parker

Proskauer Rose LLP

Contact  |  View Bio  |  RSS

Latest Posts › Hiring & Firing

Share:

Ban the Box Update Round Up: Portland, Philadelphia and New Jersey

The past several weeks have seen a flurry of “ban the box” developments, including: ..The passage of a law in Portland, Oregon banning the box for private employers; ..The passage of amendments expanding the ban the...more

12/28/2015 - Ban the Box Conditional Job Offers Criminal Background Checks Hiring & Firing New Legislation

NYCCHR Publishes Pre-Adverse Action Form

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

10/26/2015 - Adverse Employment Action Background Checks Criminal Background Checks Criminal Records Employer Liability Issues Fair Chance Act Hiring & Firing Job Applicants New Legislation Notice Requirements NYCCHR Sufficient Nexus

Seventh Circuit Holds That FMLA Limitations Period Begins To Run At Time Of Each Leave Denial

On October 20, the Seventh Circuit held, in Barrett v. Illinois Department of Corrections, that a former state employee’s Family and Medical Leave Act (“FMLA”) denial of leave claim was untimely because suit was not filed...more

10/23/2015 - Absenteeism Employee Rights Employer Liability Issues First Impression FMLA Hiring & Firing Leave of Absence Statute of Limitations Termination

Women in the Workplace

Employers interested in attracting and retaining women and promoting greater gender diversity in their executive ranks will be interested in the Wall Street Journal’s Special Report on Women in the Workplace. The Report...more

9/30/2015 - Bias C-Suite Executives Diversity Diversity and Inclusion Standards (D&I) EEOC Equal Opportunities Gender Discrimination Gender Equity Gender-Based Pay Discrimination Hiring & Firing Job Promotions Women's Rights

NYC Commission on Human Rights Explains New NYC Background Check Laws

We were pleased to host a program on September 28, 2015 on New York City’s two new background check laws, the Stop Credit Discrimination in Employment Act and the Fair Chance Act. Paul Keefe, Supervising Attorney at the NYC...more

9/29/2015 - Adverse Action Background Checks Commission on Human Rights Conditional Job Offers Credit Checks Credit Discrimination Criminal Background Checks Criminal Records Disclosure Requirements Employer Liability Issues Exceptions Exemptions FCRA Hiring & Firing Job Ads Job Applicants New Legislation Notice and Comment

NYCCHR Issues Guidance on Credit Check Law

The New York City Commission on Human Rights (the “Commission”) has just issued guidance in respect of the Stop Credit Discrimination in Employment Act (the “SCDEA”), which goes into effect September 3, 2015 and modified the...more

9/4/2015 - Background Checks C-Suite Executives Civil Monetary Penalty Credit Checks Credit Discrimination Credit History Employee Credit Checks Exemptions FINRA Hiring & Firing Job Applicants Mortgage Loan Originators New Guidance Notice Requirements NYCHRL Recordkeeping Requirements Remedies Trade Secrets

Addressing and Preventing Workplace Violence

The subject of workplace violence has unfortunately made headlines once again after a news anchor and cameraman were killed by a former co-worker in Virginia last week. Employers are understandably concerned and have...more

9/3/2015 - ADA Anti-Harassment Policies Criminal Background Checks Criminal Records Disability Discrimination Discrimination EAP Employer Liability Issues Harassment Hiring & Firing Mental Illness OSHA Policies and Procedures Workplace Hazards Workplace Safety Workplace Violence

Delaware Adds to Growing Patchwork of Social Media Laws

On August 7, Delaware Governor Jack Markell signed a law to prohibit employers from interfering with the personal social media accounts of their prospective and current employees. The new law, which also took effect on...more

8/11/2015 - Employee Privacy Rights Governor Markell Hiring & Firing Job Applicants New Legislation Popular Social Media Social Media Policy Social Networks

Latest EEOC Discrimination Suit Targets Employment Exam

For years, the Equal Employment Opportunity Commission (“EEOC”) has taken the position that certain employment tests and screening procedures can serve to discriminate against racial and ethnic minorities in violation of...more

8/4/2015 - Discrimination Disparate Impact Disparate Treatment EEOC Employee Training Hiring & Firing Popular Race Discrimination Screening Procedures Title VII

Georgia Enacts “Mini”-FCRA

For more than four decades, the federal Fair Credit Reporting Act (“FCRA”) has regulated consumer reporting agencies (“CRAs”) that furnish consumer reports (i.e., background checks) to third parties such as employers. Over...more

7/6/2015 - Background Checks CRA Criminal Background Checks Employee Rights Employer Liability Issues FCRA Hiring & Firing New Legislation

NYC Mayor Signs “Ban the Box” Law

On June 29th, Mayor Bill DeBlasio signed a bill (Int. No. 318) that amends the New York City Human Rights Law (“NYCHRL”) to further restrict employers (with four or more employees) from inquiring into or otherwise considering...more

6/30/2015 - Ban the Box Conditional Job Offers Criminal Background Checks Hiring & Firing New Legislation NYCHRL

Oregon “Bans the Box” for Private Employers

Oregon is the latest state to “ban the box” for private employers. Starting January 1, 2016, an employer may not require an applicant to disclose a criminal conviction on an employment application or at any time prior to an...more

6/29/2015 - Ban the Box Criminal Background Checks Hiring & Firing Job Applicants New Legislation

New Nevada Law Expands Employer Access to Conviction Records

While Nevada law does not limit how far back employers can directly ask applicants or employees about their conviction history, for years it has generally prohibited consumer reporting agencies (CRAs) from providing employers...more

6/26/2015 - Background Checks Consumer Reporting Agencies Criminal Background Checks Criminal Records Employee Rights Employment Discrimination Hiring & Firing Job Applicants New Legislation

Colorado Supreme Court Okays Discharge of Medical Marijuana-Using Employee

Colorado, like some other states including New York, has a law that generally prohibits an employer from discharging an employee for engaging in lawful activities outside of work. Earlier this week, in Coats v. Dish Network,...more

6/23/2015 - CO Supreme Court Controlled Substances Act Disabled Drug Testing Hiring & Firing Lawful Activities Act Medical Marijuana Non-Work Hours Wrongful Termination

NYC “Ban the Box” Bill Heads to Mayor’s Desk

On June 10th, by a 45-5 vote, the New York City Council passed a bill (Int. No. 318) to amend the New York City Human Rights Law (“NYCHRL”) to further restrict employers from inquiring into or otherwise considering an...more

6/15/2015 - Background Checks Ban the Box City Councils Conditional Job Offers Criminal Background Checks Employment Application Employment Discrimination Hiring & Firing Job Ads Job Applicants Job Offers New Legislation NYCHRL NYSHRL

U.S. Supreme Court Holds Failure to Accommodate Religion May Be Evidence of Intentional Discrimination

Yesterday, the U.S. Supreme Court held in favor of the EEOC in EEOC v. Abercrombie & Fitch Store Stores, Inc. The EEOC claimed that Abercrombie violated Title VII of the Civil Rights Act of 1964 (Title VII) by refusing to...more

6/2/2015 - Abercrombie & Fitch Appearance Policy Disparate Impact Disparate Treatment EEOC v Abercrombie Hiring & Firing Reasonable Accommodation Religious Discrimination SCOTUS Title VII

“Ban the Box” Trend Continues Across the Country

The “ban the box” movement—which seeks to remove questions about criminal history from an employer’s initial employment application—continues to cut across geographic and political divides. In March and April, we blogged...more

5/22/2015 - Ban the Box Discrimination Hiring & Firing Job Applicants

California Court Dismisses FCRA Class Action Against LinkedIn

In recent years, the Fair Credit Reporting Act (FCRA) has become the focus of increasing litigation. By way of background, FCRA regulates consumer reporting agencies (CRAs) that assemble or evaluate “consumer reports” for...more

5/15/2015 - Background Checks Class Action Consumer Reporting Agencies Employee References FCRA Hiring & Firing LinkedIn

Credit Checks To Be Banned in NYC

On April 16, 2015, by a 47-3 vote, the New York City Council passed a bill (Int. 0261-2014) to amend the NYC Human Rights Law to prohibit most employers from inquiring into or considering a prospective or current employee’s...more

4/20/2015 - Background Checks Credit Checks Hiring & Firing Pending Legislation

Hiring Tests in the News

A front page article in yesterday's Wall Street Journal highlights the growing use of pre-employment personality and psychological testing to screen job candidates. These tests are designed to evaluate technical skills,...more

4/16/2015 - EEOC Hiring & Firing Proficiency Testing

Hawaii Supreme Court Says Employer Failed to Establish “Rational Relationship” Between Applicant’s Drug Conviction and Position...

Hawaii, like some other states, only permits employers to consider convictions that bear a “rational relationship to the duties and responsibilities of the position.” Recently, the Hawaii Supreme Court had occasion to decide...more

3/25/2015 - Criminal Background Checks Drug Distribution EEOC Health Care Providers Hiring & Firing

Georgia “Ban the Box” Policy Crosses Geographic, Political Divides

Republican Governor Nathan Deal signed an executive order this past week adopting a “ban the box” policy for “government entities of the State of Georgia,” making Georgia the first Southern state and only the second “red...more

3/3/2015 - Ban the Box Hiring & Firing Job Applicants Public Employers

EEOC Background Check Litigation Strategy Criticized

Readers who have been following the EEOC’s efforts to prosecute employers who conduct background checks will be interested in the Wall Street Journal’s editorial, “Hit Us Again, Harder.” ...more

3/2/2015 - Background Checks EEOC Employer Liability Issues Hiring & Firing

Fourth Circuit Affirms Summary Judgment against EEOC in Background Check Suit

Last week, in Equal Employment Opportunity Commission (“EEOC”) v. Freeman, No. 13-2365 (4th Cir. Feb. 20, 2105), the Fourth Circuit affirmed the award of summary judgment against the EEOC in its suit alleging that the...more

2/24/2015 - Criminal Background Checks Disparate Impact EEOC Employee Credit Checks Evidence Expert Testimony Hiring & Firing Summary Judgment Title VII

Michigan Protects Employers from Negligent Hiring and Retention Claims

On January 1, a new Michigan law took effect to protect companies that hire ex-offenders who go on to cause damage or injury during the course of their employment. Louisiana, Georgia, Tennessee, and Texas recently passed...more

1/16/2015 - Criminal Records Hiring & Firing Job Applicants New Legislation Workplace Safety

59 Results
|
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×