Employment Application

News & Analysis as of

New York City Restricts Use Of Criminal Records In Hiring Giving Job Applicants a “Fair Chance” at Employment

As expected, on June 29, 2015, New York City Mayor Bill de Blasio signed into law the Fair Chance Act (Intro. No. 318-A), making New York City the latest jurisdiction to prohibit employers from conducting pre-offer criminal...more

Utilizing the Misrepresentation Defense: Practical Tips for Employers

Since the 2011 Workers’ Comp Reform, North Carolina employers now have another defense available to assist with considerable savings in workers’ compensation claims management. An employer can plead the affirmative...more

Oregon To Join The Growing National Trend To “Ban The Box” In Hiring Practices

Oregon will soon become the seventh state to enact "ban the box" legislation prohibiting private employers from inquiring about the criminal histories of job applicants on employment applications. On June 25, 2015, Oregon...more

Ban the Box (Plus) Comes to New York City; Jurisdiction Latest to Prohibit Employers From Inquiring About Criminal History

Have you ever been convicted of a misdemeanor or felony that was not dismissed, expunged, or sealed? New York City employers, if you ask that question on your employment application or some version of that question, then...more

NYC “Ban the Box” Bill Heads to Mayor’s Desk

On June 10th, by a 45-5 vote, the New York City Council passed a bill (Int. No. 318) to amend the New York City Human Rights Law (“NYCHRL”) to further restrict employers from inquiring into or otherwise considering an...more

New York City Moves to “Ban the Box” on Criminal Background Checks in Job Applications

On June 10, 2015, the New York City Council passed the Fair Chance Act (Intro No. 318-A, 2014) by a vote of 45-to-5. The legislation prevents employers from inquiring about job applicants’ criminal arrests and convictions...more

BREAKING: NYC "Bans the Box," Barring Most Pre-Employment Criminal Inquiries

Just weeks after prohibiting employers from using credit checks, the New York City Council Wednesday passed yet another bill that handcuffs businesses attempting to vet new job applicants. Most notably, the bill, commonly...more

BEWARE OF DOG(MA): Did The Supreme Court Just Require Employers to Accommodate Whenever A Request *Might* Be Due to Religion?

The U.S. Supreme Court has issued its long awaited decision in the "Looks Policy" case, and it's not terribly unexpected, but is a little scary considering the potential far reaching effects going forward. ...more

Supreme Court Decides Employers Must Make Religious Accommodations Regardless of Knowledge of Need for Accommodation

On June 1, 2015, the U.S. Supreme Court held, in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., that an employer violates federal anti-discrimination law where an applicant’s need for a religious...more

Supreme Court Clarifies Religious Accommodation Requirements in Hijab Case, but May Create New Problems for Unwary Employers

In a decision that came as no major surprise to Supreme Court watchers, on June 1, 2015, the Court ruled 8-1 in EEOC v. Abercrombie & Fitch that Abercrombie & Fitch violated the civil rights of a Muslim job applicant when it...more

U.S. Supreme Court Case EEOC v. Abercrombie Ruling: Employees Must Prove "Motive" Not Mere "Knowledge" in Order to Demonstrate...

In a closely-watched case arising from the Tenth Circuit Court of Appeals, EEOC v. Abercrombie & Fitch Stores Inc., the U.S. Supreme Court held yesterday that an applicant or employee need not prove that an employer had...more

Employment Law Alert: Parties Ordered to Arbitrate Despite Incomplete Arbitration Agreement

In Cruise v. Kroger Co., the Court of Appeal held a clear arbitration clause in an employment application, standing alone, was sufficient to establish the existence of an agreement between the employee and employer to...more

Four New Laws Within 40 Miles: The Washington, DC Area Accelerates the "Ban-the-Box" Movement

The Washington, DC area has become the leading edge of the "ban-the-box" movement, with four new ban-the-box laws applicable to private employers enacted in the past six months. Baltimore, Maryland, started the trend when...more

Appellate Courts in New Jersey and New York Both Rule that a Contract May Reduce Statute of Limitations on Employment Claims

Earlier this summer, a New Jersey appellate court, in Rodriquez v. Raymours Furniture enforced a provision in an employment application that reduced the period in which an employee could sue an employer to six months from the...more

NJ Appellate Courts Permit Employers to Shorten Statute of Limitations Period Through Employment Applications

A New Jersey Appellate Court recently held that a provision in an employment application shortening the statute of limitation from two years to six months was enforceable under New Jersey law. As a result, the employee’s...more

Too Late, Even If Not Too Little: Joining a National Trend, New Jersey Puts the Brakes on Driver’s Claims as Untimely based on...

When does two years become six months? When a signed employment application says it does.1 Last month, New Jersey recognized the express lane permitting employers and employees to set their own limitations periods,...more

Illinois “Bans the Box” with New Legislation

On Saturday, July 19, 2014, Governor Quinn signed the Job Opportunities for Qualified Applicants Act (the “Act”), which limits private sector employers with 15 or more employees from inquiring into the criminal history of job...more

Ban the Box in Indiana: What Employers Need to Know

Companies are rethinking the single check box on employment applications that inquire about an applicant’s criminal history. Over sixty cities and counties have taken steps toward eliminating job application barriers that...more

Bill Prohibiting Discrimination Against Unemployed Applicants Reaches New Jersey Governor’s Desk

On June 30, 2014, the New Jersey Legislature passed a bill (S1440) that would add unemployed applicants to the growing list of protected classes under New Jersey law. First referenced in the March 2014 issue of the New Jersey...more

Statute of Limitations Waiver in Employment Application Enforceable Against ESL Immigrant, New Jersey Appellate Division Holds

On June 19, 2014, the New Jersey Appellate Division continued recent willingness of New Jersey courts to enforce employment applications that shorten the statute of limitations for employment-related claims, this time...more

Keeping it Short: Employers Can Use Employment Applications to Reduce Employees' Time to Sue

In a rare victory for employers, New Jersey’s Appellate Division upheld an employment application provision that shortened the two-year statute of limitations applicable to claims against an employer to six months. Rodriguez...more

New Jersey Court Approves Contract That Limits Employee’s Time to Bring Discrimination Claim

The Appellate Division of the Superior Court of New Jersey ruled on June 19, 2014 that an employee is bound by his agreement in an employment application to a six-month limitation period to file any suit against his employer....more

Rochester, New York Adopts “Ban the Box” Criminal Background Check Law

Effective November 18, 2014, the City of Rochester, New York will join various states and municipalities around the country—including Buffalo, New York—that prohibit employers from inquiring about a job applicant’s prior...more

Illinois On Verge Of Barring Employers From Soliciting Criminal Background Information On Applications

Illinois Governor Pat Quinn has stated that he will sign into law legislation passed by the Illinois legislature at the end of May that bars private sector employers from soliciting criminal background information. ...more

Louisiana Joins the Password Protected Trend

On May 22, 2014, Louisiana Governor Bobby Jindal signed into law the "Personal Online Account Privacy Protection Act." The measure, effective immediately, bans employers, including state and local governments, from requesting...more

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