News & Analysis as of

Criminal Records Hiring & Firing

California’s Tightened Regulations on Considering Criminal History in Employment Decisions Take Effect July 1, 2017

Last year, the California Fair Employment and Housing Council proposed new regulations on an employer’s consideration of criminal history in making employment decisions. Those regulations were approved this year by the Office...more

Filtering rules for criminal record checks: Two convictions do not always make a pattern of offending

by Dentons on

The Rehabilitation of Offenders Act 1974 provides that criminal convictions, cautions, warnings and reprimands in respect of certain offences are deemed to be “spent” after specified periods of time. Spent cautions and...more

New York’s Highest Court Clarifies Who Can Be Liable for Discrimination Based on Criminal History

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On May 4, 2017, New York’s highest court, the Court of Appeals, held that the New York State Human Rights Law (“NYSHRL”) prohibits employers from discriminating on the basis of criminal conviction history....more

"Who Can It Be Now?" New York Court Explains Who May Be Liable For Discrimination Based On A Criminal Conviction

by Littler on

On May 4, 2017, the New York Court of Appeals answered who may be liable under the state’s fair employment law for discrimination based on an individual’s conviction record. The opinion in Griffin v. Sirva, Inc. is...more

New Changes to Massachusetts Regulations on Criminal History Checks

by Littler on

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

New Regulations Further Limit Use of Criminal History for Employment Decisions

by Jackson Lewis P.C. on

Effective July 1, 2017, new regulations will further limit employers’ ability to consider criminal history when making employment decisions. On March 27, 2017, the Office of Administrative Law approved the Fair...more

California Employers Further Restricted From Using Criminal History

by Foley & Lardner LLP on

California continues its lead in restricting use of criminal records with the Fair Employment and Housing Council (FEHC) recently finalizing new regulations that further limit a California employer’s ability to use criminal...more

New Fair Employment and Housing Act Regulations Further Limit Consideration of Criminal History in Employment Decisions

Considering criminal records when making employment decisions has long been the subject of scrutiny, and will soon be governed by new California regulations. On March 27, 2017, the California Office of Administrative Law...more

New Regulations Limit California Employers’ Consideration of Criminal History

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Fair Employment and Housing Council (“FEHC”) has approved new regulations, effective July 1, 2017, to limit employers’ use of criminal history when making employment decisions....more

California Lawmakers Introduce Statewide Ban-the-Box Law

by Littler on

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

California FEHC Regulations Limit Use of Criminal History for Employment Decisions

by Davis Wright Tremaine LLP on

The Fair Employment and Housing Council has finalized new regulations that will further limit employers’ ability to consider criminal history when making employment decisions. The new regulations are scheduled to take effect...more

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

by Littler on

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

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

by Littler on

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

LA’s Ban the Box Ordinance: New Rules and Regulations

As we reported here in December, the City of Los Angeles Fair Chance Initiative for Hiring Ordinance is now effective. The new law, also referred to as the “Ban the Box “ ordinance, restricts employers in the City of Los...more

Final FEHC Criminal History Regulations Approved, Move One Step Closer to Implementation

by Fisher Phillips on

On January 10th, the California Fair Employment and Housing Council (FEHC) approved proposed regulations related to employer use of criminal history information. The regulations will be filed with the Office of...more

“Ban the Box” Has Arrived in the City of Los Angeles—Are You in Compliance?

Is your organization located in or doing business in the City of Los Angeles? Does your organization have 10 or more employees who spend time working there? If yes to both, it is time to take a look at your employment...more

Another Reason to Tread Carefully When Using Criminal Background Checks in Hiring Decisions

by Barley Snyder on

A recent consent decree between the U.S. Equal Employment Opportunity Commission (EEOC) and a southeastern Pennsylvania company is a reminder for employers to keep employment records regarding the use of criminal background...more

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

Los Angeles Joins Ban the Box Movement

by BakerHostetler on

Los Angeles has become the latest city to ban private employers from asking job applicants about their criminal histories before offering a job. With its , the city joins San Francisco, New York, Chicago, and about two dozen...more

New Los Angeles ‘Ban the Box’ Ordinance

by Blank Rome LLP on

Action Item: Los Angeles employers should review their hiring process, including job applications, to ensure compliance with a new law that limits inquiries of an applicant’s criminal history starting January 1, 2017, or risk...more

Ban the Box: Breaking Down the “Los Angeles Fair Chance Initiative for Hiring” Ordinance

Mayor Eric Garcetti recently signed into law legislation seeking to protect employment applicants from discrimination based on their criminal convictions. Here is what you need to know about the new law going into effect on...more

City of Los Angeles Passes Ban-the-Box Law

by FordHarrison on

The City of Los Angeles recently enacted its own Ban-the-Box law, designed to prevent employers with at least 10 employees from inquiring into or requiring an applicant to disclose their criminal history until a conditional...more

City of Los Angeles “Bans the Box”

Los Angeles Mayor Eric Garcetti has signed into law the “Fair Chance Initiative,” which prohibits employers from asking applicants about their criminal histories “at any time or by any means,” including on job applications,...more

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

Criminal Background Checks: Banning the Box in Los Angeles

by Lewitt Hackman on

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

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