News & Analysis as of

Criminal Background Checks Discrimination Fair Credit Reporting Act (FCRA)

Littler

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

Littler on

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

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

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

Littler on

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

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

Littler

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

Littler on

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

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

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

Snell & Wilmer

Protecting the Workforce from Violence

Snell & Wilmer on

Tragic acts of violence have taken over our headlines and can destroy not only lives, but businesses. With the rise in reported gun violence, the numerous recent tragedies around the country and continued economic troubles...more

Baker Donelson

When Hiring or Promoting, Use Caution Asking About Criminal Backgrounds

Baker Donelson on

The Department of Labor (DOL) Office of Contract Compliance Programs (OFCCP) has issued a new directive advising federal contractors and subcontractors about potential liability that could result from using employees’...more

Proskauer Rose LLP

OFCCP Directive Adopts EEOC Guidance and Outlines New Procedures and Existing Legal Obligations Regarding Criminal Background...

Proskauer Rose LLP on

On January 29, 2013, the Office of Federal Contract Compliance Programs ("OFCCP") adopted the Equal Employment Opportunity Commission's ("EEOC") April 25, 2012 Guidance regarding the use of criminal records in employment...more

Greenberg Glusker LLP

Legislative and Other Developments Affecting California Employers in 2013

Greenberg Glusker LLP on

Employment Bulletin - We wish all of our clients and friends a happy and prosperous New Year. This annual report from Greenberg Glusker’s Employment Department summarizes the new laws that will affect California...more

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