Ban the Box

News & Analysis as of

New York City Employers Prohibited from Requesting Criminal History Information before Making a Conditional Offer

On June 10, 2015, the New York City Council passed the “Fair Chance Act” (Int. 318-A), known as “ban-the-box” legislation, prohibiting employers from discriminating against job applicants and current employees on the basis of...more

Oregon’s New “Ban the Box” Law Prohibits Criminal History Questions on Employment Applications

It’s been an active legislative session in Oregon this year regarding laws affecting the state’s employers. Hot on the heels of enacting laws relating to paid sick leave, noncompete agreements, and employee privacy on social...more

“Ban the Box" Coming to the Big Apple...

On June 29, 2015, New York City Mayor Bill de Blasio signed into law an amendment to the New York City Human Rights Law that requires private employers to remove criminal-convictions questions from job applications and defer...more

EEOC Uses its Record Keeping Requirements to Police Use of Criminal Background Checks

We don't think about personnel files – we just have them. Everything from employment applications to benefits enrollment forms to discipline and discharge documents goes into those files. But did you know that the EEOC...more

Quirky Question #264, Oregon Employers: Beware!

Question: I am an employer in Oregon, and I understand Oregon Governor Kate Brown signed a whole slew of bills into law on Monday which will directly impact Oregon employers. What do I need to know?...more

New York City Enacts “Ban the Box” Legislation

As we previously reported, the New York City Council recently passed the Fair Chance Act (Intro No. 318-A, 2014) that—among other requirements—prevents employers from inquiring about job applicants’ criminal arrests and...more

New York City Limits Employers’ Ability to Perform Background Searches on Prospective Employees

Recently, New York City enacted its own version of “ban-the-box” legislation. The ordinance, titled the Fair Chance Act (“FCA”), was signed by Mayor de Blasio and restricts when employers may inquire into a job applicant’s...more

Oregon Governor Kate Brown Signs “Fair Shot” Legislation into Law—Employers Beware!

Oregon Governor Kate Brown signed a package of four bills into law on Monday, three of which will directly impact Oregon employers. Specifically, it requires even small employers to give up to 40 hours of paid sick time,...more

New 2015-2016 Employment Laws for Oregon Businesses

The 2015 Oregon legislature has adjourned, but not before handing Oregon businesses a number of significant new employment laws. Below is a brief summary of the new legislation, all of which Governor Kate Brown has signed,...more

New York City “Bans the Box”

On June 29, 2015, New York City Mayor Bill de Blasio signed into law “Ban the Box” legislation, prohibiting employers from making any inquiry of, or statement to, an applicant for the purpose of eliciting information...more

Employment Law Newsletter - July 2015

In This Issue: - Employer Risks in Using Employment-Related Criminal Background Checks - DOL Releases Proposed Amendments to FLSA Overtime Regulations: Now is the Time to Reassess Compliance and Update Your...more

Employers Burdened By More New Laws

The Oregon Legislature enacted several laws in 2015 that will significantly affect your workplace. The following laws go into effect Jan. 1, 2016: Paid Sick Leave - As expected, Oregon has enacted a mandatory paid sick leave...more

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

NYC Mayor Signs “Ban the Box” Legislation Prohibiting Criminal Background Inquiries Prior to Offers of Employment

On Oct. 27, 2015, the new NYC Fair Chance Act ( “FCA”), recently signed into law by Mayor Bill de Blasio, takes effect. The FCA prohibits most New York City employers from making inquiries into an applicant’s criminal...more

New Oregon Laws: Criminal Background Checks and State Retirement Savings Plan - “Ban the Box” and Oregon Retirement Savings Plan...

Two new Oregon laws establish policies regarding employer criminal background checks and questions for applicants and a state-run retirement savings plan. In part, Enrolled House Bill 3025 (HB 3025) bans the practice by some...more

Employer Risks in Using Employment-Related Criminal Background Checks

Use of employment-related background checks by employers to discover information about the work history, education, criminal record and financial history of job applicants has become ubiquitous. In one recent survey of...more

New York City Restricts Use Of Criminal Records In Hiring Giving Job Applicants a “Fair Chance” at Employment

As expected, on June 29, 2015, New York City Mayor Bill de Blasio signed into law the Fair Chance Act (Intro. No. 318-A), making New York City the latest jurisdiction to prohibit employers from conducting pre-offer criminal...more

New York City Bars Employers from Considering Criminal History before Extending a Job Offer

On June 29, 2015, Mayor de Blasio signed the Fair Chance Act, a new law that generally prohibits New York City employers from discriminating against job applicants with a criminal record and that prohibits inquiries about...more

Oregon To Join The Growing National Trend To “Ban The Box” In Hiring Practices

Oregon will soon become the seventh state to enact "ban the box" legislation prohibiting private employers from inquiring about the criminal histories of job applicants on employment applications. On June 25, 2015, Oregon...more

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

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

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

Fenwick Employment Brief - June 2015

Employer’s Motive, Not Confirmed Knowledge Of Accommodation Need, Is Basis Of Religious Accommodation Violation - Federal anti-discrimination laws (“Title VII”) prohibit an employer from refusing to hire a candidate to...more

New York City Council Passes “Ban the Box” Law

On June 10, 2015, the New York City Council passed the Fair Chance Act, which amends the New York City Human Rights Law to prohibit most employers in New York City from making any inquiries about an applicant’s pending arrest...more

Background Checks? That is the Question

Has your company decided yet whether it will conduct criminal background or credit checks? If you are already using that tool as part of your job screening process, are you keeping up with legal developments in every city,...more

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