News & Analysis as of

Conditional Job Offers

Dear Littler: A potential new hire shaved his head after learning about our drug-testing policy. Now what?

by Littler on

Dear Littler: We recently offered a position to a candidate at one of our retail locations. He had a reasonable amount of head hair at the time we offered the job. After learning that we require hair testing both for new...more

Court Rules Request for Religious Accommodation Is Not “Protected Activity” for Title VII Retaliation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A recent decision by a federal district court in Minnesota held that a religious accommodation request is not “protected activity” under Title VII. In defending retaliation litigation, employers should...more

NYC Commission On Human Rights Finalizes Agency Rules And Regulations Regarding The Fair Chance Act

by Fox Rothschild LLP on

As discussed in our prior alert in 2015, New York City enacted the Fair Chance Act (FCA), which, subject to limited exceptions, prohibits private employers from seeking information from job applicants regarding their past...more

“Ban the Box” and Background Checks – Recent Trends and Movements

Retailers and other employers regularly consider the backgrounds of job applicants and employees when making personnel decisions. It is not illegal for employers to ask questions about an applicant’s criminal history, or to...more

New Criminal History Hiring Regulations for California Employers

by Carlton Fields on

Employers hiring in California must be aware that on July 1, new California Fair Employment and Housing Council regulations take effect, limiting use of criminal history when making employment decisions. Every nationwide...more

New California Regulations Further Limit Employers' Ability to Use Criminal History in Making Employment Decisions

by Nossaman LLP on

Effective July 1, 2017, new regulations from the California Fair Employment and Housing Council will further limit an employer’s ability to consider the criminal history of a job applicant or employee when making employment...more

Seventh Circuit Blazes Truck Driver’s Failure to Hire Claims

by Seyfarth Shaw LLP on

Synopsis: The Seventh Circuit affirmed a summary judgment decision in favor of the employer on the plaintiff’s race discrimination and civil conspiracy claims where the employer did not hire the plaintiff after the plaintiff...more

Filtering rules for criminal record checks: Two convictions do not always make a pattern of offending

by Dentons on

The Rehabilitation of Offenders Act 1974 provides that criminal convictions, cautions, warnings and reprimands in respect of certain offences are deemed to be “spent” after specified periods of time. Spent cautions and...more

The State of Indiana Bans Political Subdivisions From Enacting “Ban the Box” Restrictions

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Indiana Senate Bill 312 (the “Bill”) provides, among other things, that a political subdivision of the state, including a municipality, may not prohibit an employer from obtaining or using criminal history...more

Applicant Who Failed Pre-Employment Drug Test Could Not Show That Public Employer Violated Her Due Process Rights or Title VII

by Jackson Lewis P.C. on

A federal district court recently dismissed a lawsuit in which a job applicant challenged a public employer’s decision to withdraw an offer of employment after the individual tested positive for cocaine on a pre-employment...more

Court Labels Employer Post-Offer Medical Examination “Textbook Case” of ADA Regarded As Liability

by Jackson Lewis P.C. on

When used lawfully, post-offer, pre-employment medical examinations can be a powerful tool. But a recent federal district court case demonstrates the importance of carefully implementing such programs...more

It's Not Just a Box: Understanding How "Ban-the-Box" Laws Go Beyond Your Employment Application

by Littler on

In 1998, Hawaii became the first state to “ban the box,” prohibiting private employers from inquiring about a candidate’s criminal history until the employer has made a conditional offer. It was not for another 12 years...more

Albany County Enacts Legislation Prohibiting Inquiries into Criminal Convictions for County Employment

Following a national trend to “ban the box” on job applications, on February 13, 2017, the Albany County Legislature passed legislation prohibiting Albany County from inquiring about an applicant’s criminal conviction history...more

Hiring and Firing in Los Angeles: Fair Chance Initiative Update

by Lewitt Hackman on

We told you about Los Angeles’ Ban the Box ordinance in early December. Also known as the Fair Chance Initiative for Hiring Ordinance (FCIHO), the new regulation seeks to reduce recidivism by limiting inquiries regarding...more

LA’s Ban the Box Ordinance: New Rules and Regulations

As we reported here in December, the City of Los Angeles Fair Chance Initiative for Hiring Ordinance is now effective. The new law, also referred to as the “Ban the Box “ ordinance, restricts employers in the City of Los...more

City of Los Angeles Limits Employer Inquiries Regarding Criminal History of Job Applicants

Los Angeles Mayor Eric Garcetti has signed the Los Angeles Fair Chance Initiative for Hiring Ordinance (the “Ordinance”), limiting the practice of many employers to require prospective job applicants to provide criminal...more

UPDATE: The City of Los Angeles Adopts "Ban the Box," Prohibiting Criminal Conviction Inquiry Prior to Job Offer

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Los Angeles Fair Chance Initiative for Hiring (the “Ordinance”) imposes a host of new unlawful hiring practices upon private employers regarding inquiries into criminal convictions. Chief among them, an...more

Another Reason to Tread Carefully When Using Criminal Background Checks in Hiring Decisions

by Barley Snyder on

A recent consent decree between the U.S. Equal Employment Opportunity Commission (EEOC) and a southeastern Pennsylvania company is a reminder for employers to keep employment records regarding the use of criminal background...more

Los Angeles Joins Ban the Box Movement

by BakerHostetler on

Los Angeles has become the latest city to ban private employers from asking job applicants about their criminal histories before offering a job. With its , the city joins San Francisco, New York, Chicago, and about two dozen...more

New Los Angeles ‘Ban the Box’ Ordinance

by Blank Rome LLP on

Action Item: Los Angeles employers should review their hiring process, including job applications, to ensure compliance with a new law that limits inquiries of an applicant’s criminal history starting January 1, 2017, or risk...more

Ban the Box: Breaking Down the “Los Angeles Fair Chance Initiative for Hiring” Ordinance

Mayor Eric Garcetti recently signed into law legislation seeking to protect employment applicants from discrimination based on their criminal convictions. Here is what you need to know about the new law going into effect on...more

Los Angeles Enacts “Fair Chance” Ordinance Prohibiting Criminal History Inquiries Prior To Conditional Offers Of Employment

Following the Los Angeles minimum wage ordinance that was enacted earlier this year, the City of Los Angeles has now enacted another ordinance that will significantly impact employers doing business within city limits. On...more

City of Los Angeles Passes Ban-the-Box Law

by FordHarrison on

The City of Los Angeles recently enacted its own Ban-the-Box law, designed to prevent employers with at least 10 employees from inquiring into or requiring an applicant to disclose their criminal history until a conditional...more

What Can We Expect From California's Upcoming 2017-2018 Legislative Session?

by Littler on

With the dust still settling from last month's unprecedented presidential election, California’s politicians have not stood still. In partisan terms, the election results in California could not be more different from that...more

Los Angeles’ New “Ban the Box” Ordinance Prohibits Employers From Asking Job Applicants About Their Criminal History

On December 9, Los Angeles Mayor Eric Garcetti signed the “Fair Chance Initiative” into law. The new law, also referred to as the “Ban the Box” ordinance, restricts employers in the City of Los Angeles from asking job...more

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