News & Analysis as of

Criminal Background Checks Municipalities

BakerHostetler

LA County Employers Must Update Job Postings, Offer Letters and Background Check Processes by September 3

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The Los Angeles County Fair Chance Ordinance for Employers takes effect on September 3. The law applies to employers doing business in the unincorporated areas of LA County, if they employ five or more employees....more

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

New York City Amends Fair Chance Factors Under Ban-the-Box Law

On December 10, 2020, the New York City Council amended New York City’s Fair Chance Act (FCA), also known as the “ban the box” law. The recently enacted amendments will take effect on July 29, 2021....more

Seyfarth Shaw LLP

Head’s Up: Increased Risk of Consumer Class Actions With Growing Trend of Local Restrictions on Reporting and Considering...

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On January 21, 2020, the Oakland City Council unanimously passed the Fair Chance Housing Ordinance (“FCHO”), which will restrict landlords in their ability to reject a potential tenant because of prior criminal history. It...more

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

Are You Ready? Westchester County, NY Bans the Box Effective March 4

Westchester County, New York, which is located on the outskirts of the New York City metropolitan area, has enacted a ban-the-box law that places limits on an employer’s ability to make preemployment inquiries into and...more

Epstein Becker & Green

Westchester County “Bans the Box”

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Effective March 4, 2019, Westchester County will become the fourth local jurisdiction in New York State to “ban the box”—i.e., prohibit employers from including questions about applicants’ criminal convictions or arrests on...more

Littler

Michigan Expands its Preemption Law to Cover Interview Limitations

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On March 26, 2018, Michigan Governor Rick Snyder signed a bill that prohibits local governments from regulating the information employers can request from prospective employees during the interview process. ...more

Seyfarth Shaw LLP

The State of Indiana Bans Political Subdivisions From Enacting “Ban the Box” Restrictions

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Seyfarth Synopsis: Indiana Senate Bill 312 (the “Bill”) provides, among other things, that a political subdivision of the state, including a municipality, may not prohibit an employer from obtaining or using criminal history...more

Seyfarth Shaw LLP

Texas Likely To Take Aim at Municipal and County Ban the Box Laws

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Seyfarth Synopsis: The Legislature of the State of Texas has introduced a new bill designed to create uniformity within its borders by prohibiting municipalities and counties from micro-managing the particular steps involved...more

Fisher Phillips

Portland Passes Strict New "Ban The Box" Law

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The Portland City Council passed its own version of a “Ban The Box” law right before the Thanksgiving holiday, which will require most businesses operating in the city to adjust their hiring practices. Under the strict new...more

Proskauer - Government Contractor Compliance...

Tampa Council Says No to “Ban the Box” Law for City Contractors, Seeks Alternative Legislation

Last Thursday, Tampa’s City Council declined to pass a law that would have “banned the box” for city contractors. “Ban the box” refers to a movement at the state and local levels of government to remove the check box from job...more

Proskauer - Government Contractor Compliance...

Madison, WI Resolution Targets “Ban the Box” Legislation For City Contractors and Vendors

The Common Council of Madison, Wisconsin passed a resolution that prohibits the city (i) from asking questions concerning an applicant’s criminal history on the city’s initial employment applications (i.e., “banning the...more

Best Best & Krieger LLP

BB&K Police Bulletin: Police Order To Stay Put While Conducting Background Check Is A Seizure Under Fourth Amendment

The Command Can Implicate Municipal Liability - Overview: The Ninth Circuit recently held that, when a police officer orders a suspect to “stay put,” that command constitutes a seizure under the Fourth Amendment of the...more

Proskauer Rose LLP

San Francisco "Bans the Box" for Private Employers and City Contractors

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The Mayor of San Francisco recently signed an ordinance that prohibits private employers and city contractors and subcontractors (collectively "contractors") from asking job applicants about their criminal histories until...more

Proskauer Rose LLP

Seattle Latest City to "Ban the Box" for Private Employers

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On June 20, 2013, the Mayor of Seattle signed an ordinance to "ban the box" and otherwise restrict the use of arrest and conviction records in the hiring and personnel decisions of most private employers and of the City...more

Littler

Seattle Adopts Ordinance Limiting Inquiries Into and Use of Criminal Records for Employment Purposes

Littler on

Effective November 1, 2013, Seattle, Washington will join various other jurisdictions (most recently Minnesota, Indiana, North Carolina and Buffalo, New York) that limit inquiries into and the use of criminal records for...more

Proskauer Rose LLP

Buffalo's "Ban the Box" Ordinance Covers Private Employers

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On June 10, 2013, a new ordinance took effect in the City of Buffalo prohibiting public and private employers and City vendors from asking prospective employees about their criminal conviction history during the application...more

Davis Wright Tremaine LLP

Seattle City Council Enacts Controversial and Restrictive Criminal Background Check Ordinance

On June 10, 2013, the Seattle City Council passed an ordinance significantly restricting private employers’ ability to rely on criminal background checks to screen applicants for jobs in the City of Seattle. If Mayor McGinn...more

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