Criminal Background Checks Ban the Box

News & Analysis as of

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

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

Oregon to Become the Latest State to Ban the Box

On June 16, 2015, the Oregon House passed an amended version of House Bill 3025, which will prohibit most employers from asking questions about criminal history on job applications or at any other point in the hiring process...more

Oregon Legislature Votes to “Ban the Box”

Oregon will soon join the ranks of states with “ban the box” legislation. Provided House Bill (HB) 3025 is signed by Governor Kate Brown (which is virtually certain), the new law will regulate when Oregon employers can ask...more

New York City Is Expected to Become the Latest Jurisdiction to “Ban the Box”

On the heels of banning credit checks for most applicants for employment in New York City, on June 10, 2015, the New York City Council passed citywide ban-the-box legislation, formally titled the “Fair Chance Act” (“Act”)....more

NYC Becomes The Latest Major City To Pass “Ban the Box” Legislation

New York City passed the Fair Chance Act last week, making it the latest of a growing number of states, counties and cities across the country to bar employers from inquiring about job applicants’ criminal histories during...more

New York City Passes Ban-the-Box Legislation Affecting Private Employers

On June 10, 2015, the New York City Council passed the NYC Fair Chance Act (the Act) in a landslide vote. Sponsored by New York City Council Member Jumaane Williams (D-Brooklyn), the Act amends the New York City Human Rights...more

Ban the Box (Plus) Comes to New York City; Jurisdiction Latest to Prohibit Employers From Inquiring About Criminal History

Have you ever been convicted of a misdemeanor or felony that was not dismissed, expunged, or sealed? New York City employers, if you ask that question on your employment application or some version of that question, then...more

NYC “Ban the Box” Bill Heads to Mayor’s Desk

On June 10th, by a 45-5 vote, the New York City Council passed a bill (Int. No. 318) to amend the New York City Human Rights Law (“NYCHRL”) to further restrict employers from inquiring into or otherwise considering an...more

New York City Moves to “Ban the Box” on Criminal Background Checks in Job Applications

On June 10, 2015, the New York City Council passed the Fair Chance Act (Intro No. 318-A, 2014) by a vote of 45-to-5. The legislation prevents employers from inquiring about job applicants’ criminal arrests and convictions...more

New York City Council Bans the Box

Following closely on the heels of a citywide bill restricting employer’s use of credit information for employment decisions, on June 10, 2015, the New York City Council passed a new bill restricting an employer’s ability to...more

New York City Is One Step Closer To Banning The Box Giving Job Applicants a “Fair Chance” at Employment

On June 10, 2015, the New York City Council approved a “Ban the Box” law that prohibits private employers from inquiring about applicants’ past criminal convictions until the point of a job offer. Although New York State...more

New York City “Bans the Box”—Inquiries Into Applicants’ Criminal Histories Now Significantly Restricted

On June 10, 2015, the New York City Council passed the Fair Chance Act (the “Act”), which prohibits employers from inquiring into the criminal backgrounds of applicants in the initial stages of the employment application...more

BREAKING: NYC "Bans the Box," Barring Most Pre-Employment Criminal Inquiries

Just weeks after prohibiting employers from using credit checks, the New York City Council Wednesday passed yet another bill that handcuffs businesses attempting to vet new job applicants. Most notably, the bill, commonly...more

Trend Continues to “Ban the Box” for Employment Criminal Background Checks

As previously discussed in a September 5, 2014 Legal Alert, the movement to limit the extent to which employers may request and consider applicants’ and employees’ criminal histories continues to gain momentum. In the last...more

Federal Court Limits Employer's Right to Discover Information About the EEOC’s Own Hiring Policies and Expands the EEOC's Rights...

In recent years, the Equal Employment Opportunity Commission has aggressively sought to enforce its April 2012 enforcement guidance concerning how, in the EEOC’s view, Title VII of the Civil Rights Act of 1964 restricts an...more

New Jersey’s Ban the Box Law Goes Into Effect

On March 1, 2015, New Jersey’s Opportunity to Compete Act (also known as “Ban the Box”) went into effect. The Act applies to employers with 15 or more employees over 20 calendar weeks that do business, employ people, or take...more

It May Not be a Matter of 'If,' but 'When' for Private Employers in the Commonwealth -- Virginia 'Bans the Box' for Many State...

On April 3, Virginia Governor Terry McAuliffe issued Executive Order #41, thereby adding Virginia to the growing list of jurisdictions (including California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois,...more

Virginia Governor’s Order “Encourages” Private Employers to “Ban the Box”

Last week, Virginia Governor Terrence McAuliffe signed an executive order “banning the box” on most state employment applications and “encouraging” private employers and government contractors to do the same. “Ban the box”...more

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