Ban the Box

News & Analysis as of

NYC Commission on Human Rights Clarifies Background Screening Laws

On Thursday, November 19, 2015, Cornell University’s ILR School Labor and Employment Law Program hosted “NYC Ban the Box and Stop Credit Discrimination: A Conversation on Enforcement with the City Commission on Human Rights.”...more

Obama embraces ‘ban the box’ movement

In November, President Obama announced that he was directing federal agencies that they could not inquire about criminal convictions on federal job applications. According to the president, the federal government “should not...more

Ban the Box Gaining Momentum

Last week, President Obama announced yet another executive order, this one removing questions about an applicant’s criminal history from applications for federal jobs. Similar laws have been passed in cities and states across...more

Fact Sheet and Model Notice Clarify NYC Employers' Obligations Under New "Ban the Box" Law

The New York City Commission on Human Rights has issued a fact sheet and model notice regarding compliance with New York City’s newly enacted Fair Chance Act, which prohibits all employers in New York City with at least four...more

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

Proposed Federal “Ban the Box” Legislation Receives Bipartisan Support

On September 10, 2015, the Fair Chance Act (the “Act”) was introduced by a bipartisan group of legislators from both houses of Congress. The Act would prohibit federal contractors and agencies from inquiring into an...more

Employment Law Navigator – Week in Review: November 3, 2015

On Sunday, Forbes published two articles on workplace trends and the future of work. In both, the contributors predicted that new technologies in the workplace, like wearables, will have significant impact. It was also...more

Now That New York City’s Credit Check and “Ban the Box” Laws Are in Effect, How Do Employers Comply?

Two important New York City laws impacting the hiring process have recently taken effect, requiring immediate action by most City employers. The Fair Chance Act, New York City’s “ban the box” law (“Ban-the-Box Law”),...more

Effective Immediately, The New York City Fair Chance Act Substantially Restricts Employers’ Use of Criminal Background Checks

The New York City Fair Chance Act (FCA) goes into effect today, October 27, and applies to any employers in New York City with four or more employees. The FCA amends the New York City Human Rights Law and significantly limits...more

New York City’s “Ban the Box” Law, the Fair Chance Act, in Effect

We summarized the key provisions of the law in a prior post. The new law now provides that employers cannot do background checks until the conditional offer has been extended. It also requires that a City employer provides a...more

Reminder for NYC Employers: Ban on Criminal Background Checks Takes Effect Today

Less than two months after the effective date of a new law barring employers’ use of credit checks, another new law restricting the pre-employment process takes effect in New York City today, October 27, 2015 (the Fair Chance...more

New York City Severely Limits Employers' Right to Background Checks - Recent Legislation "Bans the Box" and Forbids Credit Checks...

Employers in New York City (NYC) now face restrictions on the types of information they can seek about prospective employees, either through job applications, interviews, independent research or background checks. This is due...more

"Fair Is Foul and Foul Is Fair" - NYC Employers Gird for Fair Chance Act

Things or people are not as they always appear to be. That message pervades not only Shakespeare’s Macbeth but also New York City’s Fair Chance Act (FCA), which is scheduled to go into effect next week (on October 27) and is...more

Employment Law - October 2015

FTC Offers Employers Lesson in FCRA Compliance—And Limited Exceptions - Why it matters: A California employer recently received a lesson in Fair Credit Reporting Act (FCRA) compliance from the Federal Trade...more

State Employment Laws That Every Virginia Employer Should Know

Keeping track of the latest changes to federal employment laws, such as the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and the Fair Labor Standards Act (FLSA), to name just a few, is hard...more

Fenwick Employment Brief

California Legislature Acts to Outlaw Pre-Employment Mandatory Agreements to Arbitrate Labor Code Claims - In late August, the California Senate and Assembly passed AB 465, which, if signed by Governor Jerry Brown, will...more

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

The Background Check Conundrum: “Manufacturing” a Problem (Pun Intended)

I am a longtime advocate of pre-employment criminal background checks. So I have watched with resigned acceptance as the EEOC, over 100 states and cities across the United States, and other public advocates have fought to...more

Employment Alert (US): Employers Beware: New York City’s New “Ban-the-Box” Law Takes Effect This October

An increasing number of jurisdictions across the country have adopted legislation in recent years restricting a prospective employer’s ability to run a criminal background check. Colloquially known as “ban the box,” the...more

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

Your Oregon Legislature in Action - Employers Face Statewide Sick Leave, “Ban the Box” and More

An onslaught of bills affecting employers were introduced during the 2015 legislative session. Much of the Legislature’s time was spent crafting a statewide sick leave bill with the result that many of the proposed bills...more

Employment Law Reporter – August 2015

THE INCREASING DANGER OF BACKGROUND CHECKS - New Laws and Emerging Privacy Rights Complicate an Already Difficult Process. The intersection of privacy laws and employment practices can be a dangerous one. Employers...more

What U.S. Multinational Employers Need to Know about Background Checks

Employers often run background checks on their applicants and employees in order to protect the workplace and to assemble a good and trustworthy workforce. For U.S.-based employers with operations overseas, the legal...more

Using Criminal Convictions in the Hire Process: A Hobson's Choice for Employers?

Is the government really telling employers that they are not allowed to disqualify an applicant because of past criminal activity? In a word, yes. That is increasingly becoming the case on the state level and has been the...more

Startups and the Beginning of the Employment Relationship - Who, What, When, Where, and Why?

WHO to Hire? Startup companies can reduce or eliminate future problems with employees through careful hiring practices. Best practices include...more

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