News & Analysis as of

Criminal Background Checks Criminal Records Fair Credit Reporting Act (FCRA)

Seyfarth Shaw LLP

California Employers Using Criminal History Face New Compliance Obligations

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For many years, California employers have been subject to the state’s Fair Chance Act, which (in a nutshell) requires employers to...more

Littler

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

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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

Jackson Lewis P.C.

Amendments To Illinois Human Rights Act Regulate Use Of Criminal Records In Employment Decisions

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Illinois has enacted new limitations and procedural obligations on the use of criminal conviction records in employment decisions. Governor J.B. Pritzker signed the bill amending the Illinois Human Rights Act (IHRA) on...more

Seyfarth Shaw LLP

Hawaii Expands Scope of Off-Limits Convictions for Employment Purposes

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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

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

Seyfarth Shaw LLP

St. Louis, Missouri Enacts Ban-the-Box Law for Private Employers

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Seyfarth Synopsis: St. Louis has become the third locality in Missouri to enact a “Ban the Box” law, joining Kansas City and Columbia. With a January 1, 2021 effective date, covered employers should begin taking steps to...more

Fox Rothschild LLP

Fifth Circuit Says EEOC Cannot Use 2012 Criminal Background History Guidance — What Does This Mean?

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On August 6, 2019, in State of Texas v. Equal Employment Opportunity Commission, the U.S. Court of Appeals for the Fifth Circuit ruled that the Equal Employment Opportunity Commission (EEOC) overstepped its limited rulemaking...more

Weintraub Tobin

The Request And Use Of Background Checks By California Employers

Weintraub Tobin on

Many employers routinely conduct background checks of potential and current employees. It comes to no surprise that in the current digital age, employers can obtain extensive background information on applicants and employees...more

Littler

EEOC's Background Check Guidance Suffers Loss in Texas Federal Court

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On February 1, 2018, a federal judge enjoined the EEOC and U.S. Attorney General from enforcing against the State of Texas the EEOC’s 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in...more

Arnall Golden Gregory LLP

Compliance News Flash

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, brought to you each Friday. This weekly update is your source for timely background screening and immigration-related news that is important...more

Littler

New Changes to Massachusetts Regulations on Criminal History Checks

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Employers operating in Massachusetts are already aware of the Commonwealth’s Criminal Offender Record Information (CORI) law. CORI refers to the database of criminal information maintained by the Department of Criminal...more

Littler

California Lawmakers Introduce Statewide Ban-the-Box Law

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When it comes to legislation restricting employer use of criminal records, California seems to be leading the charge. In the last six months alone, we have reported on a variety of new laws that apply to California employers...more

Littler

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

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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

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

California and Criminal Convictions: Employers May Want to Reexamine Their Background Check Policies in Light of Proposed...

In early 2016, the California Fair Employment and Housing Council (FEHC) proposed regulations that are intended to define and clarify how using a person’s criminal history may violate the Fair Employment and Housing Act...more

Littler

New Background Check Requirements for California Transportation Network Companies

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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

Littler

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

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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

Littler

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

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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

BakerHostetler

New York City Fair Chance Act

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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

Proskauer - Law and the Workplace

NYC Commission on Human Rights Explains New NYC Background Check Laws

We were pleased to host a program on September 28, 2015 on New York City’s two new background check laws, the Stop Credit Discrimination in Employment Act and the Fair Chance Act. Paul Keefe, Supervising Attorney at the NYC...more

Littler

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

Littler on

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

Hinshaw & Culbertson LLP

Using Criminal Convictions in the Hire Process: A Hobson's Choice for Employers?

Is the government really telling employers that they are not allowed to disqualify an applicant because of past criminal activity? In a word, yes. That is increasingly becoming the case on the state level and has been the...more

Littler

Private-Sector Employers Doing Business with Local Governments may be Subject to Even More Ban-the-Box and Other Laws Restricting...

Littler on

In 1998 Hawaii became the first state to pass a so-called "ban-the-box" law, prohibiting both private- and public-sector employers from inquiring about an applicant's conviction history until after the employer makes a...more

Arnall Golden Gregory LLP

Nevada Removes 7 Year Limitation on the Reporting of Convictions

Nevada has removed the 7-year restriction on background screening company’s ability to report criminal conviction information for employment screening purposes. Which means that convictions can be reported without regard to...more

Littler

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

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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

Mintz - Employment, Labor & Benefits...

Staffing Companies Hit with Class Action Alleging Violation of Fair Credit Reporting Act

Fair Credit Reporting Act class actions remain on the rise. The latest one of note was recently filed in Maryland federal court against staffing agencies Aerotek, Inc. and Allegis Group, Inc., alleging that they violated the...more

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