Criminal Background Checks Criminal Records

News & Analysis as of

California Law Restricts Employers From Asking About Juvenile Criminal History

California recently amended its existing law governing inquiries into and the use of juvenile criminal information. Effective January 1, 2017 employers will be restricted from asking about, seeking, or using a California...more

2017 Labor & Employment Laws: New Year, New Government, New Challenges

On January 1, 2017, employers across the nation will face a host of new or amended federal, state, and/or local labor and employment requirements. At the same time, there is uncertainty as to how the Trump Administration and...more

Criminal Background Checks: Banning the Box in Los Angeles

Los Angeles City is on its way to approve a new Ordinance prohibiting employers with 10 or more employees from including on any application for employment any question that seeks the disclosure of an applicant’s criminal...more

Assembly Bill 1843 Prohibits Employers from Inquiring about Juvenile Convictions or Using Juvenile Proceedings In Employment

Effective January 1, 2017, Assembly Bill 1843 prohibits hiring-related inquiries concerning juvenile convictions or from using information regarding juvenile court actions or custodial detentions as a factor in determining...more

California Employment Law Notes - October 2016

Newly Enacted California Statutes - Minimum Wage Increases - As of January 1, 2017, businesses with 26 or more employees must pay a minimum wage of $10.50 per hour; the rate increases to $15.00 per hour in 2022....more

New Background Check Requirements for California Transportation Network Companies

Effective January 1, 2017, drivers participating with a Transportation Network Company (TNC) in California will be subject to mandatory criminal background checks, regardless of whether a driver is considered an employee or...more

California Amends Labor Code to Prohibit Employers from Using Juvenile Records in Employment Decisions

On September 27, 2016, California Governor Jerry Brown signed Assembly Bill No. 1843, which amends the California Labor Code to prohibit employers from considering certain juvenile records for employment purposes.  The...more

California Prohibits Employers from Considering Juvenile Criminal Convictions

In the past, a California employer could freely inquire about and consider a job applicant’s history of criminal convictions in determining any condition of employment including hiring, promotion, or termination. Although...more

Second Circuit Seeks Guidance From NY Court of Appeals on Scope of Liability for Discrimination Based on Criminal Conviction...

The Second Circuit has asked the New York Court of Appeals for guidance on the scope of liability for discrimination based on criminal conviction history under Section 296(15) of the New York State Human Rights Law...more

California Fair Employment & Housing Council Considers Proposed (and Recently Amended) Rules to Restrict Employer Use of Criminal...

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

Criminal Histories Are No Longer an Automatic Bar to Employment in Illinois Schools

Effective July 29, 2016, HB 4360 revised Illinois law to eliminate what was otherwise considered a lifetime ban on employment for those individuals seeking work in schools who had been convicted of certain non-violent drug...more

Texas Keeps Messin’ With EEOC

Yesterday the Fifth Circuit benchslapped the EEOC in a case involving the agency’s criminal history “guidance.” State of Texas v. EEOC, No. 14-10949 (5th Cir. June 27, 2016). We previously blogged about the State of Texas’...more

Don’t Mess With Texas: EEOC’s Criminal Background Check Guidance Subject To Challenge

On June 27, 2016, the U.S. Court of Appeals for the Fifth Circuit handed a victory to the State of Texas in Texas v. EEOC , No. 14-10949 (5th Cir. June 27, 2016), by remanding back to the district court the case it dismissed...more

Attention Philadelphia Employers: New and Important Changes to the "Ban The Box" Law

Philadelphia’s 2011 “Ban the Box” law, which restricts an employer’s ability to inquire into a job applicant’s criminal history at the initial stages of the application process, is “old news” – but the recent changes that...more

White House Fair Chance Business Pledge

Nineteen companies joined President Obama as founding companies of the White House’s Fair Chance Business Pledge.  According to the White House Fact Sheet, “The pledge represents a call-to-action for all members of the...more

HUD Releases Guidance on Criminal Background Checks by Housing Providers

The U.S. Department of Housing and Urban Development (HUD) on April 4, 2016, issued guidance addressing Fair Housing Act liability regarding the use of criminal background checks or screenings in housing determinations....more

HUD Releases Guidance on Fair Housing and Criminal Screening in Private Housing

The U.S. Department of Housing and Urban Development (HUD) issued new guidance on April 4, 2016, on the use of criminal conviction records by housing providers in screening applicants. The guidance advises housing providers...more

HUD Determines That Blanket Bans of Ex-Offenders is Illegal Under the Fair Housing Act

On April 4, 2016, the U.S. Department of Housing and Urban Development (“HUD”) issued guidance on its interpretation of how the Fair Housing Act applies to housing providers’ policies that ban residents with criminal records....more

Philadelphia’s “Ban the Box” Ordinance Expands to All Private Employers

Action Item: On March 14, 2016, Philadelphia’s “Ban the Box” ordinance will expand to prohibit all private employers and city agencies from inquiring into a prospective employee’s criminal history prior to making a...more

Employers: Criminal History Inquiries May Get Tricky

Last week the California Fair Employment and Housing Council of the Department of Fair Employment and Housing (or, in short, the Council) announced its proposed amendment to the California Code of Regulations, aiming to...more

Police Records Checks Reform Act, 2015

On December 1, 2015, Ontario passed the Police Record Checks Reform Act, 2015, (the “Act”) which will have concrete implications for the ways in which employers conduct criminal background checks, and the information that...more

New York City Fair Chance Act

New York City’s Fair Chance Act took effect last week, amending the New York City Human Rights Law by prohibiting covered employers from asking about criminal history until after a conditional offer of employment has been...more

Reminder for NYC Employers: Ban on Criminal Background Checks Takes Effect October 27, 2015

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

Best Practices for Complying with the New York City Fair Chance Act

Given the imminent effective date of New York City’s Fair Chance Act, employers may be wondering what they need to do to comply with the law. As many employers are aware, effective October 27, 2015, the Fair Chance Act...more

NYCCHR Publishes Pre-Adverse Action Form

New York City’s new Fair Chance Act goes into effect this Tuesday (October 27, 2015). As discussed in our prior posts, New York employers have long been required – prior to taking adverse action on the basis of an...more

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