Criminal Background Checks

News & Analysis as of

Ban-the-Box Bandwagon Requires Application Review

On August 11, 2014, New Jersey joined Illinois and at least 11 other states, as well as dozens of cities and local governments, in prohibiting most employers from initially asking about criminal history on job applications....more

Labor & Employment E - Note - September 2014

In This Issue: - More Workers Are Claiming 'Wage Theft' - Big Companies, States Urge High Court to Rule on Gay Marriage - Firms Continue to Increase Background Checks on Job Candidates - Obama...more

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

D.C. Mayor Signs "Ban the Box" Law

Mayor Vincent Gray has signed the Fair Criminal Record Screening Act of 2014 to prevent most employers in the District of Columbia from asking prospective employees about their criminal history on the initial job application....more

Ban the Box

Governor Quinn recently signed the Job Opportunities for Qualified Applicants Act, AKA “Ban the Box,” which prohibits many employers from requiring that applicants list their criminal history on job applications. The law...more

Washington, D.C. Joins the Ban-the-Box Movement for Private Employers

The District of Columbia has passed one of the most stringent ban-the-box laws in the nation. The D.C. law includes the typical prohibition on asking questions about criminal background during the application process, but it...more

New Jersey’s New “Ban the Box” Law

Implications of the “Opportunity to Compete Act” on Criminal Background Checks by Employers and the Continuing Need for Prospective Employees to Obtain Expungements....more

Private Sector Employers in the District of Columbia Will Soon Be Required to Comply with a New Law Restricting Their Ability to...

On August 22, 2014, the District of Columbia Mayor signed a new law restricting most employers that operate in the District of Columbia in their ability to rely on criminal history information, including criminal background...more

Texas’ Mess Premature

Back in November, we alerted you to Texas’ lawsuit against the EEOC over the EEOC’s Enforcement Guidance prohibiting categorical employer policies that preclude hiring convicted felons. Texas v. EEOC, No. 5:13-CV-255-C (N.D....more

“BAN-THE-BOX” Signed Into Law in New Jersey

On August 11, 2014, New Jersey Governor Chris Cristie signed into law “The Opportunity to Compete Act”, commonly referred to as New Jersey’s “ban-the-box” law, which prohibits employers from asking about the applicant’s...more

Opportunity to Compete Act “Bans the Box” in New Jersey

On August 11, 2014, New Jersey Governor Chris Christie signed into law the “Opportunity to Compete Act.” Commonly referred to as a “Ban the Box” law, it will prohibit employers from inquiring about an applicant’s criminal...more

New Jersey Set to Prohibit Employers from Screening Job Applicants for Criminal Convictions Until After Job Interview

Effective March 1, 2015, any employer with 15 or more employees that does business in New Jersey or accepts applications for employment within New Jersey is prohibited from inquiring into an applicant’s criminal history...more

New Jersey’s “Ban the Box” Legislation Signed Into Law

Last week, New Jersey Governor Chris Christie signed the Opportunity to Compete Act (Bill S2124) into law, thereby barring New Jersey employers from inquiring about job applicants’ criminal histories during the preliminary...more

Update: New Jersey Limits Use of Criminal History in Hiring Decisions

As we reported in December 2013, New Jersey was on the road to joining 6 other states which have recently passed legislation banning or limiting the use of criminal background checks in the hiring process. ...more

New Jersey enacts “Ban-the-Box” law, limiting inquiries about criminal history during first phase of hiring process

New Jersey has enacted a law prohibiting employers with 15 or more employees from asking about a job applicant’s criminal history until after a first interview, unless the employee voluntarily discloses criminal history...more

"Ban the Box" Legislation Signed into Law in New Jersey

On August 11, 2014, New Jersey joined the growing number of jurisdictions banning the box on job applications that require job applicants to disclose criminal history information. This new legislation, the Opportunity to...more

New Jersey Adopts “Ban the Box” Law

On August 11, 2014, New Jersey joined a growing number of “ban the box” states when Governor Chris Christie signed into law the Opportunity to Compete Act. The Act, which goes into effect on March 1, 2015, precludes public...more

New Jersey’s ‘Ban the Box’ Law Signed by Governor Christie

The Opportunity to Compete Act, which seeks to help individuals with criminal histories reintegrate into the workplace, was recently signed by New Jersey Governor Chris Christie. The “ban the box” law will prohibit most New...more

DC Bans the Box

Criminal defendants face a wide range of consequences for their alleged actions. The high emotional and financial cost of defending a case may pale in comparison to the personal toll resulting from a conviction and the...more

New Jersey “Bans the Box” Statewide

New Jersey joins the ranks of states that prohibit certain criminal history inquiries during the hiring process. New Jersey’s Opportunity to Compete Act (OTCA), signed into law on August 11, is the latest among a...more

New Jersey Joins the 'Ban the Box' Movement

On August 11, 2014, New Jersey Governor Chris Christie signed into law the Opportunity to Compete Act (Act) which prohibits private and public employers that employ 15 or more employees from inquiring about an applicant’s...more

New Jersey Enacts “Ban the Box” Law Restricting New Jersey Employers from Inquiring into Criminal History of Job Applicants

On August 11, 2014, New Jersey Governor Chris Christie signed the Opportunity to Compete Act which restricts New Jersey employers from seeking information regarding a job applicant’s criminal history. Under the Act, covered...more

“Ban the Box” Legislation Expands Across the Country

There is a growing national movement to “Ban the Box” – i.e., to prohibit questions about a job applicant’s criminal history on employment applications. Currently, “Ban the Box” laws are primarily targeted at public...more

New Jersey Becomes Latest State to “Ban the Box”

On August 11, 2014, Governor Chris Christie signed into law the Opportunity to Compete Act, New Jersey’s version of “ban the box.” When the law takes effect on March 1, 2015, companies who employ 15 or more employees will be...more

EEOC amps up attack on background checks

On April 25, 2012, the Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of...more

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