Hiring & Firing Criminal Background Checks

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
News & Analysis as of

Emerging Labor & Employment Law Trends (Part 2)

With summer 2016 almost behind us, employers should begin to plan for the major labor and employment law trends expected to emerge in the last quarter of the year and into 2017. In the first part of this two-part series, we...more

What To Do About Employee Thieves—Catch Them If You Can!

Seyfarth Synopsis: When employee theft occurs, employers must be cautious in investigating, avoiding self-help, and in deciding if and how to terminate the offending employee. Companies work hard to hire trustworthy...more

California Fair Employment & Housing Council Considers Proposed (and Recently Amended) Rules to Restrict Employer Use of Criminal...

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

Criminal Histories Are No Longer an Automatic Bar to Employment in Illinois Schools

Effective July 29, 2016, HB 4360 revised Illinois law to eliminate what was otherwise considered a lifetime ban on employment for those individuals seeking work in schools who had been convicted of certain non-violent drug...more

Connecticut and Vermont to Ban the Box in 2017

Beginning in 2017, Connecticut and Vermont will become the eight and ninth states to “ban the box” for private employers: Connecticut - Effective January 1, 2017, Connecticut employers will be prohibited from...more

Connecticut’s Ban-the-Box Legislation Becomes Law: Have You Revised Your Company’s Job Application?

On June 1, 2016, Connecticut Governor Dannel Malloy signed into law Public Act No. 16-83, entitled “An Act Concerning Fair Chance Employment” (the “Act”). The lynchpin of the Act is that it prohibits an employer from...more

Going For the Gold: How To Legally Recruit The Best Candidates

This summer the world’s greatest athletes are competing for Olympic gold. In order to win, these athletes must follow a strict set of rules to prevent deductions and disqualifications. When employers compete for the best...more

Employment Legislation Summary: 2016 Session - Connecticut General Assembly

In its 2016 session, the General Assembly passed a number of new laws affecting employers. Except as otherwise noted, the changes are effective October 1, 2016. The following material summarizes these new laws, but the...more

Connecticut Becomes the Ninth State to “Ban the Box”

On June 1, 2016, Connecticut Governor Dannel Malloy signed Public Act No. 16-83, “An Act Concerning Fair Chance Employment” (“Act”), making Connecticut the ninth state—after Hawaii, Illinois, Massachusetts, Minnesota, New...more

Fifth Circuit Says Texas May Challenge EEOC Criminal Background Check Guidance

In 2012, the Equal Employment Opportunity Commission issued an Enforcement Guidance stating when employers’ use of criminal background checks to exclude applicants from jobs violates Title VII. The Guidance states the EEOC’s...more

Portland’s Ban-the-Box Law Takes Effect, Administrative Rules Provide Clarity

Portland, Oregon’s ban-the-box law, the Removing Barriers to Employment Ordinance, took effect on July 1, 2016. The ordinance prohibits most Portland employers from asking about an applicant’s criminal history or conducting a...more

Portland, Oregon’s More Restrictive “Ban the Box” Ordinance

Portland, Oregon’s new “ban the box” ordinance went into effect on July 1, 2016. We blogged about Oregon’s statewide “ban the box” law here. Portland’s new ordinance is more restrictive and prohibits covered employers from...more

Texas Keeps Messin’ With EEOC

Yesterday the Fifth Circuit benchslapped the EEOC in a case involving the agency’s criminal history “guidance.” State of Texas v. EEOC, No. 14-10949 (5th Cir. June 27, 2016). We previously blogged about the State of Texas’...more

Don’t Mess With Texas: EEOC’s Criminal Background Check Guidance Subject To Challenge

On June 27, 2016, the U.S. Court of Appeals for the Fifth Circuit handed a victory to the State of Texas in Texas v. EEOC , No. 14-10949 (5th Cir. June 27, 2016), by remanding back to the district court the case it dismissed...more

Client Alerts Connecticut Bans (Another) Box, Expanding Protections for Applicants With Criminal Backgrounds

Seyfarth Synopsis: Connecticut amends its “ban the box” law with regard to employers and modifies technical requirements for consumer reporting agencies. The law is an expansion of Connecticut’s current law, and places...more

Employment Law Roundup: Summary of Recent Changes Affecting New York Employers

Private employers in New York should be aware of a number of employment law changes over the past year that affect background checks (both credit and criminal history), anti-discrimination protections and reasonable...more

Connecticut Passes Ban-the-Box Legislation

On June 1, 2016, Connecticut Governor Dannel P. Malloy signed into law a “ban-the-box” statute, which will take effect on January 1, 2017. The law, “An Act Concerning Fair Chance Employment,” Public Act No. 16-83, prohibits...more

Connecticut Joins Ban the Box Movement

Connecticut has joined the “Ban the Box” movement, becoming the most recent state in the nation to implement statewide legislation prohibiting employers from making inquiries into an applicant’s criminal history on job...more

Austin, TX Becomes Latest City to Ban the Box for Private Employers

Austin, Texas recently became the latest city to “ban the box” for private employers. Under the new law, Austin employers with 15 or more employees may not require an applicant to disclose his or her criminal history prior...more

Connecticut Becomes the Third Jurisdiction in 2016 to "Ban the Box"

On June 1, 2016, Connecticut Governor Dannel Malloy signed a bill into law that prohibits most employers from requesting criminal history information on an initial employment application. Connecticut’s new “ban-the-box” law...more

Louisiana Legislature Passes “Ban the Box” for State Employers

Louisiana is anticipated to become the latest state to enact state-wide protections for applicants with criminal backgrounds under the well-known “ban the box” movement. The bill, HB 266, recently passed both houses of the...more

Trends In the “Ban the Box” Movement: Recent Developments In City Ordinances

Seyfarth Synopsis: As cities across the nation adopt “ban the box” legislation that regulates private employers’ ability to inquire into applicants’ and employees’ criminal histories, employers face a nuanced gauntlet of...more

Best Practices for Conducting Pre-Employment Background Checks in Canada

Many employers perform background checks before hiring their employees. The process could be as simple as checking an applicant’s professional credentials, education, and references, or as detailed as a criminal records check...more

Vermont Passes “Ban the Box” Legislation

On May 3, 2016, Vermont Governor Peter Shumlin signed into law a “ban the box” statute, which will take effect on July 1, 2017. The law will prohibit covered employers from inquiring about information pertaining to an...more

FEHC Proposed Criminal History Regulations Put Employers in Hot Seat

Seyfarth Synopsis: The Fair Employment and Housing Council is vetting proposed regulations to prevent employers from discriminating against applicants or employees with criminal histories. Our colleague Kate Svinarich...more

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