Rod Fliegel

Rod Fliegel

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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

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

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

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

Federal Court Limits Employer's Right to Discover Information About the EEOC’s Own Hiring Policies and Expands the EEOC's Rights...

In recent years, the Equal Employment Opportunity Commission has aggressively sought to enforce its April 2012 enforcement guidance concerning how, in the EEOC’s view, Title VII of the Civil Rights Act of 1964 restricts an...more

5/14/2015 - Ban the Box Civil Rights Act Credit History Criminal Background Checks Criminal Records Dollar General EEOC FCRA Hiring & Firing Title VII Wrongful Termination

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

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

New Jersey's "Opportunity to Compete Act" Continues the Nationwide "Ban-the-Box" Trend

On August 11, 2014, New Jersey Governor Chris Christie signed “The Opportunity to Compete Act,” which restricts the ability of covered employers to inquire into, and use, criminal records. New Jersey’s so-called...more

8/13/2014 - Ban the Box Criminal Background Checks Employee Rights Job Applicants

Sixth Circuit Upholds Dismissal of EEOC Suit Against Employer Screening Applicants Based on Credit History Information

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

4/18/2014 - Criminal Background Checks EEOC Employee Credit Checks Hiring & Firing Kaplan Title VII

“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

New California Laws Restrict the Discretion Employers Have to Inquire Into and Use Criminal Record Information

On October 10, 2013, California joined the growing list of states with expanded protections for individuals with prior criminal records when Governor Jerry Brown approved a bill (SB 530) amending the California Labor Code.1 ...more

10/25/2013 - Criminal Background Checks Criminal Records Discrimination Expungement Sealed Records

Fair Credit Reporting Act Amendment Offers Important Protections From Lawsuits Targeting Background Check Programs

In This Issue: - Summary Of FCRA Obligations On Employers That Use Consumer Reports For Employment Purposes - Potential Liability For FCRA Non-Compliance And The Growing Wave Of FCRA Class Action -...more

9/11/2013 - Compliance Criminal Background Checks FATCA FCRA Investigations

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

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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