News & Analysis as of September 19, 2024

Credit Checks

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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 -

The Employment Law Authority - July/August 2016

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/14/2016

On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) granted Plaintiffs’ Motion for a Preliminary ...more

New York City Human Rights Law Strictly Limits Employers’ Use of Credit Checks in Hiring

Bond Schoeneck & King PLLC on 5/15/2015

In follow-up to our April 21 post, New York City Mayor Bill de Blasio signed into law an amendment to the New York City Human Rights Law on May 6, prohibiting employment discrimination on the basis of “consumer credit...more

New York City Bans Employers From Using Credit Checks To Screen Job Applicants

Genova Burns LLC on 5/8/2015

Under a bill signed into law by Mayor Bill de Blasio on Wednesday, May 6, 2015, New York City businesses will be banned from using credit reports, bankruptcies and liens to disqualify applicants from employment. The Stop...more

EEOC Dealt Setback On Credit Check Claim

Levenfeld Pearlstein, LLC on 4/14/2014

Over the last couple years, the EEOC has been taking aim at companies that use credit checks as part of the application process, arguing that excluding applicants based on credit checks has a disparate impact on minority...more

Proposed New York City Bill Would Ban Credit Checks from Hiring Process

Sheppard Mullin Richter & Hampton LLP on 4/29/2013

On April 11, 2013, the New York City Council’s Committee on Civil Rights debated a proposed bill that would ban employers from using credit checks to evaluate prospective employees. The proposed bill, called the Stop Credit...more

Colorado Ninth State to Prohibit Credit Checks for Employment Purposes

Proskauer Rose LLP on 4/24/2013

On April 19, 2013, Colorado's governor signed S.B. 18 to prohibit employers from considering an applicant's or employee's credit history in employment decisions. California, Maryland, Connecticut, Hawaii, Illinois,...more

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