Employment Application

News & Analysis as of

Corporate Divorce Series: Do Fraudulent Credentials Annul Employment Contracts?

If you follow my corporate divorce series, you are familiar with my affinity for the employment-as-marriage metaphor. I’ve already examined how employment relationships end or should end. But I have yet to address an...more

New Jersey’s New “Ban the Box” Regulations – Not too Bad?

Over the past five years, many cities, counties, and states have passed so-called “ban the box” laws – a trend that HR Legalist has been following in prior blog posts. In their most basic form, these laws require employers to...more

Happy New Year! What Will Employment Compliance Require in 2016?

They say the future tends to repeat the past. When it comes to employment compliance, this may be especially true. With the exception of the laws and regulations applicable to federal contractors, not much changed on the...more

Philadelphia Significantly Expands Its “Ban the Box” Ordinance

A growing number of jurisdictions around the country have enacted so-called “ban the box” laws, which limit employers’ ability to inquire about and/or consider applicants’ criminal records when making employment decision....more

Fourth Circuit Says Mandatory Arbitration Agreement in Employee Handbook is Unenforceable

Employers seeking to avoid disputes in court with employees increasingly seek to use mandatory arbitration agreements. Typically, these agreements take the form of stand-alone written documents, signed by both parties....more

Federal Court Requires “Meeting of the Minds” To Enforce Arbitration Agreement Included in Employment Application

Last month, a federal court in Maryland denied an employer’s motion to compel arbitration even though the plaintiff executed an arbitration agreement the employer had included in the plaintiff’s employment application. The...more

Employment Law - October 2015 #3

New California Employment Laws on Fair Pay, Waiver of Meal Periods - Why it matters: California continues its focus on employment-related legislation. Touted as the toughest law of its kind in the nation, Senate...more

Best Practices for Complying with the New York City Fair Chance Act

Given the imminent effective date of New York City’s Fair Chance Act, employers may be wondering what they need to do to comply with the law. As many employers are aware, effective October 27, 2015, the Fair Chance Act...more

Fenwick Employment Brief

Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

How long do I keep applications?

Employers often ask how long they should keep the applications of unsuccessful applicants. Based on the Equal Employment Opportunity Commission’s recent enforcement actions, it’s important to know the right answer to that...more

Four Big Takeaways from Illinois' Proposed Pregnancy Accommodation Rules

Illinois employers, take note—in mid-July, the State's Department of Human Rights published its proposed rules implementing the State's new pregnancy discrimination law. As readers of this blog will know, the new law took...more

That's A Lotta Cheddar: Pizza Chain Pays Big to End Background Check Case

The parent company of Chuck E. Cheese's restaurants, CEC Entertainment, Inc., has agreed to pay $1.75M to settle a class action lawsuit in California brought by applicants who claimed the company provided improper background...more

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

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

New York City – Ban the Box Plus Measure

New York City passed a local law to amend its administrative code to prohibit employment discrimination based on one’s arrest record or criminal conviction. Employers and background screeners take note. The legislation, the...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

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