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News & Analysis as of

Is Everyone Replaceable, even Justice Scalia? Why You Should Hire Slow and Fire Fast

The unexpected death of Antonin Scalia, Associate Justice of the Supreme Court, has thrown the political landscape—already rife with presidential candidate turmoil—into a tailspin. Justice Scalia meant many things to many...more

‘I was not told there would be math’

Saturday Night Live has made invaluable contributions to American humor, but the best may be the show’s political parodies. Chevy Chase was famous for mocking Gerald Ford’s clumsy reputation (undeserved, for sure, considering...more

A Closer Look at Austin’s “Ban the Box” Ordinance

On March 24, 2016, the Austin City Council passed a “ban-the-box” ordinance, the Fair Chance Hiring Ordinance, which took effect on April 4, 2016. The final version of the ordinance was released on April 12, 2016. It...more

Milpitas to Pay $140,000 to Settle EEOC Age Discrimination Suit

City Denied Qualified Applicants Employment Because of Age, Federal Agency Charged - SAN FRANCISCO - The City of Milpitas will pay $140,000 and provide other relief to settle an age discrimination lawsuit by the U.S....more

Austin, Texas Joins Movement To “Ban The Box” In Hiring Practices

Effective April 4, 2016, Austin’s Fair Chance Ordinance (the “Ordinance”) imposes a host of new unlawful hiring practices upon private employers regarding inquiries into criminal convictions. Chief among them, an employer...more

Wisconsin Employers Targeted for Technical Violations of the Fair Credit Reporting Act

Within the past year, one Wisconsin resident has filed several class-action lawsuits against Wisconsin employers. In each case, the resident claimed that the targeted employers were using improper disclosures in employment...more

“Ban-the-Box” and Other Laws Limiting an Employer’s Use of Criminal History

Employers face an increasing number of laws that limit when an employer may ask for and use an applicant's criminal history. "Ban the Box" laws prohibit questions about criminal history on the initial application. In...more

"Ban The Box" And Other Laws Limiting An Employer's Use Of Criminal History [Video]

Employers face an increasing number of laws that limit when an employer may ask for and use an applicant's criminal history. "Ban the Box" laws prohibit questions about criminal history on the initial application. In...more

Austin Passes "Ban the Box" Ordinance

On March 24, 2016, the Austin City Council passed an ordinance that will significantly restrict many employers from making employment decisions about applicants or employees based on their criminal histories. The Fair Chance...more

What Employers Need to Know About "Ban the Box"

“Ban the Box” or “Fair-Chance Hiring” describes a recent movement that advocates removing the check box appearing on many job applications asking applicants whether they have criminal histories. Ban-the-box advocates say that...more

Austin Becomes the First City in Texas to “Ban the Box”

On March 24, 2016, the Austin City Council passed the Fair Chance Hiring Ordinance, which will prohibit most employers from asking questions about or considering an individual’s criminal history until after making a...more

Spring Cleaning – Check Your Background Disclosure Form For FCRA Violations

In a trend that shows no signs of slowing down, lawsuits continue to be filed against employers for violating the Fair Credit Reporting Act’s (“FCRA”) strict requirements concerning background check disclosure forms. If the...more

NJ Adopts Final Regulations on Criminal Background Inquiries

New Jersey has promulgated its final ban-the-box regulations, clarifying the law passed on March 1, 2015, which severely restricted public and private employers with 15 or more employees from inquiring into an applicant’s...more

Amendments to Philadelphia “Ban the Box” Ordinance Place New Restrictions on Employers

This week, extensive amendments take effect to Philadelphia’s Fair Criminal Records Screening Standards ordinance, popularly known as “Ban the Box.” The Ban the Box law, enacted in 2012 (see our advisory here), regulates the...more

Philadelphia Criminal Background Checks – Fair Chance Hiring Law Poster

On March 14, 2016, Philadelphia’s so-called “ban the box” law, the Philadelphia Fair Criminal Records Screening Ordinance, became effective.  With it came the release of a mandatory new poster restating the major elements of...more

City of Philadelphia Amendments to Ban-The-Box Legislation Take Effect This Week

On December 15, 2015, Philadelphia’s former Mayor, Michael Nutter, signed off on an amendment (“the Amendment”) to the Fair Criminal Record Screenings Standards Ordinance (“the Ordinance”). The Amendment, which tightens the...more

The Philadelphia Ban-the-Box Poster is Here: The Ins and Outs of the Posting Requirement

The Philadelphia Commission on Human Relations has released the poster employers are required to display under the new amendments to Philadelphia’s “ban the box” law, the Fair Criminal Records Screening Standards Act. The...more

Renewed Life for Potential Legislative Restrictions on Noncompetition Agreements in Massachusetts?

On March 2, 2016, Massachusetts House Speaker Robert A. DeLeo announced that he supported legislative restrictions on employee noncompetition agreements. Speaker DeLeo’s statements, made in a speech to the Greater Boston...more

A Job Ad Doesn’t Need to Be a Job Description

Ah, job descriptions. Boring lists of knowledge, skills, abilities, duties, and education and experience requirements – a description of the “essential functions” of a job. Not compelling reading at the best of times, and...more

Employers: Criminal History Inquiries May Get Tricky

Last week the California Fair Employment and Housing Council of the Department of Fair Employment and Housing (or, in short, the Council) announced its proposed amendment to the California Code of Regulations, aiming to...more

New York City Issues Proposed Rules Related to the Fair Chance Act

On February 16, 2016, the New York City Commission on Human Rights issued proposed rules related to the city’s Fair Chance Act (FCA)—the restrictive ban-the-box law that went into effect in October of 2015 and prohibits...more

“Ban the Box” Bill Would Also Protect Felons From Discrimination

As the General Assembly session heats up, several legislators are calling for passage of the so-called “Ban the Box” legislation. Versions of this have been floated for years, but one legislator called this year’s bill...more

NYCCHR Publishes Proposed Amendments to Fair Chance Act

The New York City Commission on Human Rights (“NYCCHR”) has published proposed amendments to the Fair Chance Act (“FCA”), which prohibits unlawful discrimination on the basis of criminal history against job applicants and...more

Quality Solutions, LLC to Pay $22,500 to Settle EEOC Pregnancy Discrimination Suit

Company Violated Federal Law by Failing to Hire Pregnant Applicant, Federal Agency Charged - ATLANTA - Quality Solutions, LLC, a Dalton, Ga., staffing company, will pay $22,500 and furnish other relief to settle a...more

Two Hawk Employment Services Sued By EEOC for Disability Discrimination

Temporary Agency Refused to Hire an Applicant Because of Conditions Disclosed by Illegal Medical Inquiries, Federal Agency Charges - RALEIGH, N.C. - A temporary employment agency violated federal law when it asked an...more

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