Employment Application

News & Analysis as of

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

EEOC Background Check Guidance Under Fire - House Subcommittee on Workforce Protections Hears Testimony on Controversial Rules

On June 10, the House Subcommittee on Workforce Protections heard testimony regarding the Equal Employment Opportunity Commission’s (EEOC) controversial background check guidance. Comments focused on the difficulties faced by...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

Did You Know…San Francisco “Bans The Box”: Are Your Job Applications Up To Snuff?

San Francisco recently “banned the box” by adopting the Fair Chance Ordinance, which prohibits the popular criminal history check box on employment applications. Last year, the California Legislature passed Senate Bill 530...more

Employment Law Advisory for March 5, 2014: San Francisco Follows Emerging Trend, Restricts Use of Criminal Records by Employers

On February 17, 2014, San Francisco passed a new law, the Fair Chance Ordinance, that follows an emerging trend and restricts an employer’s ability to seek and utilize information regarding the criminal records of applicants...more

Ban the Box has Come to San Francisco: Is Your Employment Recruiting Process in Compliance?

San Francisco’s Fair Chance Ordinance. Effective March 16, 2014, a new San Francisco city ordinance, called the Fair Chance Ordinance, will strictly limit an employer’s ability to gather and utilize information about the...more

San Francisco Mayor Signs Ordinance To “Ban The Box” On Employment Applications

On February 14, 2014, San Francisco Mayor Edwin M. Lee signed San Francisco’s Fair Chance Ordinance, which “bans the box” on employment applications and restricts private employers’ ability to use criminal history...more

San Francisco Passes Fair Chance Ordinance Restricting Employers’ Ability to Use Criminal History Information

San Francisco has “banned-the-box” on employment applications and has added other restrictions on private employers’ ability to obtain and use criminal history information. The City and County of San Francisco Board of...more

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

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

San Francisco “Bans The Box” For Private Employers

As we first discussed here, “ban the box” state laws and local ordinances are picking up traction nationwide. Measures vary in scope and nature, but the typical policy bars employers from asking for criminal history...more

“Ban-the-Box” and Beyond: Employers That Do Business In or Contract with the City of San Francisco Should Review Sweeping...

On February 11, 2014, the San Francisco Board of Supervisors passed sweeping amendments to San Francisco Police Code, Article 49, and Administrative Code, Article 12 (“the amendments” or “the ordinances”) that significantly...more

Background Checks: Not Over until It’s Over!

In all the hoopla over the victory of the employer in EEOC v. Freeman (USDC, MD, Case No. RWT 09-cv-2573) it may have escaped some people that on November 7, 2013 the U.S. Equal Employment Opportunity Commission (“EEOC”)...more

Background Check Forms Face Increased Scrutiny in Federal Court

Businesses should check their background check consent forms and their pre-adverse action waiting periods, after a recent federal court decision out of Pennsylvania. ...more

New North Carolina Law Prohibits Employers from Asking Applicants for Information About Expunged Criminal Arrests, Charges, and...

Imagine a scenario where the applicant you are about to hire as Chief Financial Officer was convicted of a crime, perhaps embezzlement, that he managed to get expunged, but you’ll never know because you can’t ask him about...more

Web-Surfing Your Job Applicants—TMI?

The ever-increasing volume of information that people—your current employees, former employees, and job applicants—publish through the use of social media, email, tweets, and other types of electronic posts can be helpful in...more

EEOC Settlement Reminds Employers That GINA Prohibits Requesting Family Medical History

?While the Genetic Information Nondiscrimination Act of 2008 (GINA) has proven to be the least-litigated of the federal anti-discrimination laws, a recent settlement obtained by the Equal Employment Opportunity Commission...more

New Jersey Appellate Court Upholds Restrictions on Employer Job Postings

In a case of first impression, the New Jersey Appellate Division recently upheld the constitutionality of a New Jersey statute that bars employers from publishing job postings requiring that applicants be currently employed...more

Welcome 2014: Five Employment Law Trends You Need to Know

Now that we have reviewed the laws that are affecting California employers beginning in 2014, we cast an eye forward to examine employment issues that could impact your workplace in the New Year. Based on our review of...more

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