News & Analysis as of

Criminal Background Checks Ban the Box Discrimination

Littler

Philadelphia Enacts Amendments to and Expands Coverage of its Background Screening Ordinances

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For years, Philadelphia has maintained ordinances substantially restricting employers’ use of criminal record and credit histories in employment screening.  These regulations are in addition to, not in lieu of, the federal...more

Seyfarth Shaw LLP

EEOC Chair Janet Dhillon’s Announcement Of Strategic Priorities: A New Era Of Transparency For The Commission?

Seyfarth Shaw LLP on

Seyfarth Synopsis: On February 4, 2020, EEOC Chair Janet Dhillon’s released a list of priorities for the Commission in 2020. While the priorities primarily focus on continuing to seek justice for workers raising claims of...more

Littler

WPI State of the States — Legislative Proposals Are Taking Root

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As April showers turn into May flowers, measures proposed earlier this year in the state legislatures begin to take root. Significantly fewer generally applicable labor and employment bills were introduced in April, around 60...more

Proskauer - California Employment Law

California Further Limits Use of Criminal Background Information

California’s Fair Employment and Housing Council (“FEHC”) has finalized new regulations further limiting employers’ ability to consider criminal history when making employment decisions. The new FEHC regulations, which are...more

Littler

California Employers Are Subject to New Requirements When Using Criminal History Information

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In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights...more

Littler

Workplace Policy Institute Insider Report - January 2017

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Littler's Workplace Policy Institute Insider Report details notable labor, employment, and benefits news and events at the federal, state, local, and global levels. The January edition of the Insider Report reviews what...more

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

The Employment Law Authority - July/August 2016

On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) granted Plaintiffs’ Motion for a Preliminary ...more

Holland & Knight LLP

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

Holland & Knight LLP on

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

Littler

EEOC Settles Background Check Litigation with BMW, But Also Faces Steep Attorneys’ Fees in Freeman Case

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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

Littler

State Appellate Court Considers Employer’s Duty to Conduct Criminal Background Checks

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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

Davis Wright Tremaine LLP

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

Littler

Background Screening Companies May Now Report Convictions Older Than Seven Years in Nevada

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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

Arnall Golden Gregory LLP

New York City – Ban the Box Plus Measure

New York City passed a local law to amend its administrative code to prohibit employment discrimination based on one’s arrest record or criminal conviction. Employers and background screeners take note. The legislation, the...more

Orrick - Employment Law and Litigation

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

Skadden, Arps, Slate, Meagher & Flom LLP

"'Ban the Box' Initiatives: Removing Conviction Histories From Employment Applications"

The use of criminal records in the hiring process has received a great deal of attention in recent years. The Equal Employment Opportunity Commission issued guidance in 2012 requiring employers to demonstrate that conviction...more

Levenfeld Pearlstein, LLC

2015 Labor and Employment Law Checklist

Each year, LP’s Labor & Employment Practice Group is pleased to provide a short checklist of steps that all companies should consider taking to measure their readiness for the coming year. We hope that you find this 2015...more

Bradley Arant Boult Cummings LLP

Wanted: Applicants With A Criminal History And An Unprofessional Hairstyle

A combination of recent enforcement efforts by the Equal Employment Opportunity Commission (EEOC) and state-level legislators has employers scratching their heads about what they can and cannot consider when making hiring...more

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

R.I. Enacts “Ban-the-Box” Law, Limiting Employer Inquiries into Applicants’ Criminal Histories

Effective January 1, 2014, a new law in Rhode Island will ban employers from inquiring on job applications about the criminal histories of applicants. ...more

Bradley Arant Boult Cummings LLP

Criminal Background Checks: EEOC Enforcement and Ban-the-Box Update

The EEOC last year took a new step toward attempting to limit criminal background checks by employers. Recently the EEOC filed two well-publicized lawsuits alleging race discrimination against two different employers for...more

K&L Gates LLP

EEOC Takes Aim at First Targets since Locking Down Employers’ Use of Arrest/Conviction Information

K&L Gates LLP on

On June 11, 2013, the Equal Employment Opportunity Commission filed its first two lawsuits asserting that an employer’s use of felony conviction records to disqualify employees and applicants runs afoul of Title VII because...more

Orrick - Employment Law and Litigation

The EEOC Aggressively Pursues Criminal Background Check Policies

On June 11, 2013, the Equal Employment Opportunity Commission (“EEOC”) filed two separate lawsuits against Dollar General and BMW Manufacturing Co. LLC, accusing each company of discriminating against Black job applicants...more

Sheppard Mullin Richter & Hampton LLP

Is Your Criminal Screening Process Compliant?

An employer’s reluctance in hiring an applicant with a criminal history is understandable and sensible. Employers have an obligation to ensure a safe workplace, can be fined for failing to enact safeguards against workplace...more

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