News & Analysis as of

Bringing It All Home, the Two Tough Cookies Wrap It Up For You, Part II

This one is tough, especially in global organizations. In many countries, you simply cannot run a background check, as criminal records are not public. In others, you can run them, but the criminal offense must be related to...more

Illinois’s New “Ban the Box” Law Prohibits Asking About Criminal Histories on Job Applications

On July 19, 2014, Illinois Governor Pat Quinn signed the Job Opportunities for Qualified Applicants Act, making Illinois the fifth state to bar private employers from asking job applicants about their criminal backgrounds...more

BB&K Police Bulletin: Police Order To Stay Put While Conducting Background Check Is A Seizure Under Fourth Amendment

The Command Can Implicate Municipal Liability - Overview: The Ninth Circuit recently held that, when a police officer orders a suspect to “stay put,” that command constitutes a seizure under the Fourth Amendment of the...more

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

Illinois “Bans the Box” with New Legislation

On Saturday, July 19, 2014, Governor Quinn signed the Job Opportunities for Qualified Applicants Act (the “Act”), which limits private sector employers with 15 or more employees from inquiring into the criminal history of job...more

Effective July 1, 2014: New Tennessee Laws

New Tennessee laws took effect on July 1, 2014, including changes to the workers' compensation system, caps on damages in suits under the State's statutory employment discrimination laws, and protections for employers hiring...more

Background Check Lawsuits: If It’s Not One Thing, It’s Another

As we previously have written, employer use of criminal records and background checks with respect to applicants and employees has been the subject of challenge on the grounds that such checks tend to discriminate against...more

Criminal Background Discrimination Dragnet Ensnares Government Employer

Last week a New York federal court certified a class of approximately 250,000 African-American job applicants in a race discrimination case against the U.S. Census Bureau. The plaintiffs allege that they were unlawfully...more

July 1 Brings New Law Banning Felony Question on Public Job Applications

An important reminder that on July 1, 2014, Section 432.9 of the Labor Code came into effect. California Labor Code Section 432.9 bans government employers from asking job applicants about their criminal record until later in...more

U.S. Census Bureau Down for the Count after Certification Ruling in Criminal Background Check Case

Last Tuesday, a Magistrate Judge in the United States District Court for the Southern District of New York granted partial class certification in a case where plaintiffs allege that the United States Census Bureau used arrest...more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 49: EEOC Takes On Background Checks

Throughout this series, we have touched on facially neutral policies which, although not motivated by unlawful discrimination, have a discriminatory effect on certain protected classes. For over 40 years, the courts have...more

New Jersey Senate Bill Aimed at Protecting Job Applicants With Criminal History

Earlier this month, the New Jersey State Senate Budget and Appropriations Committee advanced a bill seeking to bar employers from inquiring about the criminal history of job applicants during initial interviews and on job...more

Illinois Enacting Criminal Background Screening Bill

Illinois is on the verge of enacting a law that will prohibit criminal background screening and inquiries, including criminal conviction inquiries of the applicant, until the applicant is selected for an interview or unless a...more

General Assembly Approves New Laws for Illinois Employers

As the legislative session drew to a close at the end of May, the Illinois General Assembly approved several new laws that will affect Illinois employers beginning January 1, 2015. The laws are now awaiting approval by...more

The City of Rochester Adopts a “Ban the Box” Ordinance

The City of Rochester recently unanimously enacted a “Ban the Box” ordinance, which prohibits employers from asking applicants about criminal convictions at any time before the employer has conducted an initial employment...more

Rochester, New York Joins The "Ban-the-Box Movement"

On May 22, 2014, the City of Rochester became the second city in New York to “ban the box,” by adopting legislation restricting the timing of pre-employment inquiries by most Rochester public and private employers into a...more

Employment Background Checks: Tips Employers Should Know to Comply With Federal Laws

Many employers rely on background checks to screen job applicants and employees when making important personnel decisions, including hiring, retention, and promotion. In March, the Equal Employment Opportunity Commission...more

The Employer Conundrum Over Conducting Criminal Background Screens

The war continues over the use of criminal background checks in the hiring process and employers are caught in the middle. A brief history here may be helpful....more

FINRA Finalizes Mandatory Background Check Rule

On April 24, 2014, the Financial Industry Regulatory Authority (FINRA) announced that its board of governors had approved rules requiring that firms to run background checks on new hires, whether new brokers or transfers, to...more

New Delaware Law “Encourages” State Vendors to “Ban the Box”

Delaware’s Governor recently signed a “ban the box” law to prohibit public employers from inquiring into or considering the credit or criminal history of a job candidate during the initial application process (up to and...more

Baltimore Businesses: Ban the Box or Jump in Jail!

Employers employing 10 or more full-time equivalent employees in the City of Baltimore beware: if you use criminal conviction information before making a conditional offer of employment, you risk criminal penalties under...more

Dig Up the Dirt, but Know the Rules of the Game - The Fair Credit Reporting Act and Background Checks

Employers like to know everything they can about applicants. Hiring employees is a big investment, and they want to do their due diligence up front so that their investment pays off. But before employers hire third-party...more

eTrends - EEOC and FTC Issue Joint Guidance on the Use of Background Checks for Employment Purposes

The Equal Employment Opportunity Commission (“EEOC”) and the Federal Trade Commission (“FTC”) issued joint guidance last month on the use of background checks for employment purposes. Two publications were released. One...more

Sixth Circuit Delivers Knockout to EEOC in Another Background Check Case

The EEOC suffered a major setback on April 9th when the Sixth Circuit Court of Appeals affirmed summary judgment in the highly watched background check case of EEOC v. Kaplan Higher Education Corporation, et al. The Sixth...more

A Check on the EEOC Attack on the Credit Check

We have written a few times about the EEOC’s closer inspection of background checks and the use of criminal records in employment decisions because of their potential adverse impact on classes of applicants. The EEOC has also...more

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