Job Applicants

News & Analysis as of

NYC Council Votes to Ban Employers from Conducting Credit Checks

On April 16, 2015, the New York City Council (the “Council”) passed a bill (Int. 0261-2014) prohibiting employers from requesting or using the consumer credit history of an employee or job applicant when making employment...more

NYC Ban on Use of Credit Checks in Employment Decisions Moves to Mayor’s Office for Signature

On April 16, 2015, the New York City Council voted overwhelmingly to amend the city’s Human Rights Law to prohibit employers from using an individual’s consumer credit history to make employment decisions. While the bill...more

New Jersey’s Ban the Box Law Goes Into Effect

On March 1, 2015, New Jersey’s Opportunity to Compete Act (also known as “Ban the Box”) went into effect. The Act applies to employers with 15 or more employees over 20 calendar weeks that do business, employ people, or take...more

New York City Council Passes the First Citywide Bill Restricting Employers from Using Credit Information in Employment Decisions

On April 16, 2015, the New York City Council overwhelmingly passed a bill to make it unlawful for most employers to use an applicant's or employee's credit history for employment purposes, except in certain, specified...more

Most New York City Employers May Soon Be Prohibited From Conducting Credit Checks on Job Applicants

On April 16, 2015, the New York City Council overwhelmingly passed an amendment to the New York City Human Rights Law that would bar most city employers from using credit checks as part of their hiring process. ...more

New York City Will Prohibit Most Employers From Basing Employment Decisions on an Applicant or Employee’s Consumer Credit History

The New York City Council passed the Stop Credit Discrimination in Employment Act last Thursday. It amends the New York City Human Rights Law to prohibit most employers from making employment decisions based on an employee...more

EEOC Issues Proposed Rule on Wellness Programs and the ADA

The Equal Employment Opportunity Commission (EEOC) has released its long-awaited proposed rule providing guidance on the application of the Americans with Disabilities Act (ADA) to employer-sponsored wellness programs....more

EEOC Issues Long-Awaited Wellness Program Rules

Late last week, the EEOC released the proposed rules on wellness programs for employers. These long-awaited proposed rules will likely be adopted in full by this summer, after the public has 60 days to submit comments....more

EEOC Issues Proposed Wellness Program Amendments to ADA Regulations

On April 16, 2015, the Equal Employment Opportunity Commission (“EEOC”) released its highly anticipated proposed regulations (to be published in the Federal Register on April 20, 2015, for notice and comment) setting forth...more

Social Media: Strategy and Implementation - Are you protected?

With more companies utilizing social media as a part of doing business, are you protecting yourself and your business from issues that can arise when implementing these strategies? Where do you stand legally when employees...more

EEOC Not Required to Identify Aggrieved Individual in Title VII Race Discrimination Claim

On April 7, 2015, the U.S. District Court for the Northern District of Illinois held that the Equal Employment Opportunity Commission ("EEOC") is not required to identify an aggrieved individual in order to pursue a race...more

Employment Settlement "Don't Reapply" Clauses Threatened by Ninth Circuit Expansion of California's Business and Professions Code...

Settlements of most employment claims include the employee’s promise not to reapply to the settling employer. The reason is if the employee reapplies after getting the settlement money and is then denied new employment, the...more

Virginia Workplace Social Media Password Privacy Bill Signed

On March 23, 2015, Virginia Gov. Terry McAuliffe approved a social media password privacy bill (H.B. 2081) that limits employers access to employees’ and job applicants’ personal social media accounts....more

It May Not be a Matter of 'If,' but 'When' for Private Employers in the Commonwealth -- Virginia 'Bans the Box' for Many State...

On April 3, Virginia Governor Terry McAuliffe issued Executive Order #41, thereby adding Virginia to the growing list of jurisdictions (including California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois,...more

The Roundup: Last Week’s Recommended Reading (April 3, 2015)

From Around the Web - An Interview with Nicole Abboud: Get to know this fashion lawyer, Southwestern alumna, and host of the new podcast, The Gen Why Lawyer Podcast. (Law Commentator)...more

FCRA Class Actions

Hyping The “Hyper-technical” - The slowly rising waves of Fair Credit Reporting Act (FCRA) class-action litigation are beginning to crash against employers. And if you thought that the FCRA only applied to credit...more

Even When NLRB Orders It, Employers Have Little Guidance on Work Authorization Procedures

Quick, employers: you make a job offer to a promising applicant, only to find out that his work authorization papers are less than perfect. He has a social security card and number but something seems… off. (“Is that a letter...more

Think Twice Before Disqualifying an Applicant Due to Criminal History

When hiring new employees, many factors are considered. This may include conducting a criminal background check. And, if a background check comes back showing a criminal history, employers may be tempted to simply throw that...more

SCOTUS to Determine Who Holds Burden in Religious Accommodation Cases

A religious accommodation case that we previously touched on had its oral arguments heard before the Supreme Court on February 25, 2015. The case, which involves the issue of religious accommodation in the workplace, has the...more

Background Check Suits: Whole Foods Class Action to Continue

In a previous blog I discussed the multiple class actions that are pending and which address the issue of the Fair Credit Reporting Act requirements in connection with on-line employment applications....more

Reminder: New Jersey “Ban the Box” is Now in Effect

On March 1, 2015, the Opportunity to Compete Act (the “Act”) went into effect in New Jersey. Governor Chris Christie signed the Act into law last year in an effort to preclude public and private employers with 15 or...more

UK: Enforced Subject Access Requests Now Unlawful

Employers in the UK who now carry out criminal record checks on job applicants, or existing employees, by forcing that person to make a request for information to the law enforcement authorities or the court and reveal the...more

Applicant Could Proceed With Race Discrimination Claim Despite Undisclosed Criminal Conviction

Raymond E. Horne was a glazier and a member of the glazier’s union. He also served as an officer and a member of the council and of the executive board of the union. Horne, who is African American, twice applied for an...more

NJ “Ban the Box” Law Takes Effect, “Draft Rule” Proposed

New Jersey’s so-called “ban the box” law took effect on March 1, preventing most employers in the State from asking about a prospective employee’s criminal history on the initial job application and until after the first...more

Georgia “Ban the Box” Policy Crosses Geographic, Political Divides

Republican Governor Nathan Deal signed an executive order this past week adopting a “ban the box” policy for “government entities of the State of Georgia,” making Georgia the first Southern state and only the second “red...more

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