News & Analysis as of

Criminal Background Checks Criminal Records Conditional Job Offers

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York State’s Clean Slate Act to Take Effect on November 16, 2024: 5 Things for Employers to Know

New York has enacted the Clean Slate Act, effective November 16, 2024, which will provide for the automatic sealing of certain criminal history records. Upon sealing, the records will be unavailable to most employers in a...more

Seyfarth Shaw LLP

New York State Enacts Legislation Sealing Criminal Records

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Seyfarth Synopsis: On November 16, 2023, New York became the 12th state to enact “Clean Slate” legislation, which allows certain criminal records to be sealed after an individual is sentenced or released from incarceration,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Des Moines Passes ‘Ban the Box’ Law Prohibiting Criminal Inquiries on Job Applications

On November 15, 2021, the city of Des Moines, Iowa, passed a “ban-the-box” law that will limit employer inquiries and background checks into an applicant’s criminal history until after a conditional offer of employment....more

Littler

Wisconsin Supreme Court Eases the Burden for Employers Defending Arrest and Conviction Record Discrimination Claims Under State...

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The Wisconsin Fair Employment Act (WFEA) prohibits employers from discriminating against applicants and employees on the basis of their arrest and conviction records. Generally, an employer cannot make decisions on the basis...more

Dentons

HR Quick Take: Ban the Box

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Q: Ban the Box has been around for several years now, and I know at least one city in Iowa implemented local regulations about background checks. What is the status in Iowa?...more

Manatt, Phelps & Phillips, LLP

Convicted Murderer Survives Motion to Dismiss in Hiring Suit

Employers in New York may be liable for the failure to hire a convicted murderer, a federal court judge in the state ruled, refusing to dismiss a proposed class action. Henry Franklin was convicted of second-degree murder...more

Husch Blackwell LLP

Fair Chance Act: Restricting Timing of Criminal History Inquiries Begins to Take Effect

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When Congress enacted the National Defense Authorization Act for Fiscal Year 2020 in December 2019, Congress included the Fair Chance to Compete for Jobs Act of 2019 (the Act). The Act, in relevant part, restricts federal...more

Seyfarth Shaw LLP

Another Busy Year for Employment-Purposed Background Checks: What Happened in 2021?

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Seyfarth Synopsis: Each year, employers revisit and possibly modify their background screening policies and practices to account for newly enacted ban-the-box and other laws impacting background screening. Last year, we saw...more

Woods Rogers

Federal Contractors Now Restricted in Questioning Applicants about Their Criminal Records

Woods Rogers on

Hidden deep within the National Defense Authorization Act for Fiscal 2020 is a “ban the box” provision that restricts federal contractors’ inquiries into their applicants’ criminal histories. This new provision, which went...more

Littler

Another Privacy Headache for California: Court of Appeal Ruling Will Slow Down Criminal Background Checks Throughout California

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Companies that hire employees and engage independent contractors in California should brace for a significant slowdown in background checks that include criminal record searches in California state courts....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Maine’s New ‘Ban-the-Box’ Law: When Can Employers Inquire About Criminal Histories?

In July 2021, Maine enacted a new “ban-the-box” law that limits employer inquiries into an applicant’s criminal history. Under the new law, entitled “An Act Relating to Fair Chance in Employment,” employers are prohibited...more

Seyfarth Shaw LLP

Louisiana Employers Now Subject to “Fair Chance” Law

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Seyfarth Synopsis: On June 16, 2021, Louisiana joined the growing list of states and localities with so-called “Fair Chance” laws by enacting its own law restricting an employer’s consideration of criminal history in hiring...more

Morgan Lewis

Updates to NYC Fair Chance Act Expand Protections for Applicants, Current Employees, Independent Contractors

Morgan Lewis on

Effective July 29, 2021, revisions to the New York City Fair Chance Act (FCA) will impose new requirements on New York City employers who evaluate criminal history information, including pending criminal charges, when making...more

Proskauer - California Employment Law

New Restriction on Background Checks in California

The California Court of Appeal has ruled that date of birth and/or a driver’s license number cannot be used to identify individuals in an electronic search of the criminal index of court records.  All of Us or None v....more

Seyfarth Shaw LLP

Iowa Supreme Court Partially Invalidates Waterloo “Ban-the-Box” Law

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Seyfarth Synopsis: On June 18, 2021, the Iowa Supreme Court upheld a portion of the Waterloo, Iowa ban-the-box law’s restrictions on “when” employers can inquire about criminal history, but struck down restrictions on “what”...more

Dentons

Banning part of the box - criminal history inquiries during the application process

Dentons on

If the chaos of COVID wiped out all your memory regarding recent employment law changes, a short history lesson is probably in order.  Nationally, a number of cities, states, counties, and municipalities decided to change...more

Littler

The Dust Hasn’t Settled Yet: Employers Must Continue to Be Thoughtful About Criminal Record Screening Policies

Littler on

Last month, the new chair of the EEOC, Charlotte A. Burrows, was the keynote speaker at a conference regarding new research on criminal recidivism....more

Epstein Becker & Green

Illinois Places Significant Restrictions on Employers’ Use of Criminal Conviction History and Imposes EEO Reporting Requirement

Illinois recently enacted SB 1480 (or “Law”) which, among other measures, effective immediately, places significant restrictions on the ability of Illinois employers to refuse to hire a job applicant or take adverse action...more

Epstein Becker & Green

New York City Expands Applicant and Employee Protections Under Its “Ban the Box” Law

Epstein Becker & Green on

On January 10, 2021, Int. 1314-A (“Law”) was enacted, and it goes into effect on July 28, 2021. The Law significantly expands job applicants’ protections under New York City’s Fair Chance Act (“FCA”), otherwise known as the...more

Davis Wright Tremaine LLP

New York City Council Expands Fair Chance Act

The New York City Council has amended the Fair Chance Act (FCA) to expand employment protections for job applicants and employees with criminal conviction histories. The amendments became law on January 10, 2021, (upon being...more

Epstein Becker & Green

“Ban the Box” Update: St. Louis Enacts Ordinance; California and Hawaii Expand Existing Laws

Epstein Becker & Green on

In the last several years, a growing number of states and municipalities have passed “ban the box” laws that to varying degrees prohibit employers from inquiring into a job applicant’s criminal background until later in the...more

Seyfarth Shaw LLP

Hawaii Expands Scope of Off-Limits Convictions for Employment Purposes

Seyfarth Shaw LLP on

Seyfarth Synopsis: On September 15, 2020, Hawaii Governor David Y. Ige signed Senate Bill 051, which narrows the scope of convictions that employers can use for hiring and other employment-related decisions. The new law is...more

Littler

Hawaii Amends its Ban the Box Law to Fortify Protections for Ex-Offenders

Littler on

Hawaii has long had a law limiting the discretion that employers have to consider older conviction records in making employment decisions.  Effective September 15, 2020, SB 2193 prevents most private sector employers from...more

Seyfarth Shaw LLP

The Business of Background Checks During a Pandemic

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Seyfarth Synopsis: As the number of class actions alleging FCRA violations continues to skyrocket, it is critical for California employers to understand the basics of all laws affecting employment screening programs. This...more

Sands Anderson PC

Virginia’s New “Ban the Box” Laws

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Since 2019, federal law has prohibited federal agencies and contractors from inquiring into a job applicant’s criminal history until after a conditional offer of employment.  There is no federal law prohibiting private...more

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