Job Applicants

News & Analysis as of

Employment Law - January 2016

Does The ADEA Permit Disparate Impact Suits by Applicants? Eleventh Circuit Says Yes - Why it matters - The Eleventh Circuit Court of Appeals created a circuit split with a decision that the Age Discrimination in...more

How Much Do You Make? – New OFCCP Regulations Protect Employee And Job Applicant Discussions on Compensation

Happy New Year from your friends at the OFCCP. This week brings the enforcement of requirements stated under Executive Order 13665, which prohibits federal contractors from discriminating or otherwise conducting adverse...more

New Jersey’s New “Ban the Box” Regulations – Not too Bad?

Over the past five years, many cities, counties, and states have passed so-called “ban the box” laws – a trend that HR Legalist has been following in prior blog posts. In their most basic form, these laws require employers to...more

New Jersey Veterans May Soon Be Entitled to Preferential Hiring in Non-Civil Service Jurisdictions

On December 3, 2015, Senate Bill 2145 was approved, 62-0, by the New Jersey Assembly. (The bill had already been passed by the New Jersey Senate in May.) ...more

More Clarity on New Jersey’s Ban the Box Law: Department of Labor’s Final Regulations and Guidance, Effective Immediately

The New Jersey Department of Labor and Workforce Development issued its final regulations, effective immediately on December 7, 2015, clarifying the requirements of the state-wide ban-the-box law, also known as the...more

New Jersey's Department of Labor Issues New Rules Regarding "Ban the Box"

On December 7, 2015, the New Jersey Department of Labor and Workforce Development (the “NJDOL”) promulgated a set of regulations to enforce and more specifically define the restrictions contained in the State's "Opportunity...more

Ban the Box 2.0: Philadelphia Upgrades Its Fair Criminal Records Screening Standards Ordinance

On December 15, 2015, Philadelphia passed an upgrade of its “ban the box” law, the Fair Criminal Records Screening Standards Ordinance. In 2011, Philadelphia led the pack by becoming the first U.S. city to pass an ordinance...more

New Year, New Rules for Employers Doing Business in New Jersey

This past year New Jersey state and local legislatures implemented several employment laws that are set to take effect at the end of 2015 or in early 2016. This update summarizes these new legal requirements to help New...more

Who Was Naughty, And Who Was Nice In Employment Law This Year

The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic and almost impossible for employers to...more

New York City Joins a Growing Chorus of Cities and States that Believe in Second Chances: What Does the New “Ban the Box”...

The New York City Fair Chance Act (the “Act”) went into effect on October 27. With the Act in place, New York City is one of a growing number of cities and states to implement so-called “ban the box” legislation, which...more

An Employer Wins! BALCA Finds Crucial Inconsistency

A recent decision by the Board of Alien Labor Certification Appeals (BALCA) illustrates just how draconian decision-making with regard to labor certification filings can be at the U.S. Department of Labor (DOL), and provides...more

New York City ‘Ban the Box’ Law Restricts Employers’ Use of Criminal History

New York City has, in recent months, adopted legislation limiting the information that employers can seek out and use in employment decisions. The “Fair Chance Act,” which went into effect October 27, is the most recent of...more

Employers: Check the law before checking an applicant's background

A new hire is always a risk. There is concern that a new employee may not be a good fit or as qualified for the job as expected. Worse, the new hire could be a significant safety or liability risk. A poor hiring decision can...more

Employers, Handle With Care: Philadelphia Gives Added Protections to Job Applicants with Criminal Histories

On December 15, 2015, Mayor Michael Nutter signed off on several amendments to Philadelphia’s 2012 Fair Criminal Records Screening Standards Ordinance. The 2012 Ordinance was enacted to prevent discrimination against job...more

“Ban the Box” Packs More Punch in Philadelphia Under New Amendment

Since 2012, the Fair Criminal Screening Standards Ordinance has prohibited most employers within the city of Philadelphia from asking about criminal convictions on job application forms. Under revisions to the so-called “Ban...more

Philadelphia Restricts Pre-Offer Criminal Record Screenings

By amending relevant sections of the Philadelphia Code, the City of Philadelphia has further limited employers’ ability to conduct criminal background screenings during the hiring process....more

Additional Restrictions for Employer Credit Checks Could Be On the Way For New Jersey Employers

Legislation advanced by the New Jersey State Assembly (A2298) on December 14, 2015 could signal tougher restrictions on employer credit checks of existing or potential employees. The pending legislation also would also...more

EEOC Issues Guidance on Rights of Applicants and Employees Infected with HIV

In a recent press release announcing new guidance for applicants and employees infected with HIV, the Equal Employment Opportunity Commission (EEOC) noted that in 2014 alone, it resolved over 200 charges of discrimination...more

The New Jersey Department of Labor Issues Final Ban-the-Box Regulations

On December 7, 2015, the New Jersey Department of Labor and Workforce Development (the “NJDOL”) issued regulations clarifying the requirements of New Jersey’s Opportunity to Compete Act (the “Ban the Box Law”), which take...more

Final New Jersey Ban-the-Box Regulations Issued Today, Effective Immediately

The New Jersey Department of Labor and Workforce Development (NJDOL) published its long awaited, final “ban-the-box” regulations today, which take effect immediately. The final regulations, and the NJDOL’s comments to the...more

New York Employment Law Roundup: October & November 2015

Today’s New York employment law landscape is increasingly dynamic, with a constant stream of newly issued legislation and judicial opinions. To keep our readers current on the latest developments, we will share regular...more

Portland’s New Ban-the-Box Ordinance Imposes Stricter Rules Than State Law

On, November 25, 2015, the Portland City Council passed an ordinance restricting an employer’s ability to inquire regarding a job applicant’s criminal history. As of July 1, 2016, Portland employers with six or more employees...more

Will A Court Think You Are Naughty or Nice This Holiday Season?

Religious discrimination cases have been all over the headlines in 2015. The most recognizable case involves Kim Davis, the Kentucky county clerk who refused to issue marriage licenses in protest of the legalization of...more

Heads Up Employers: New Law Limits Use of E-Verify

Many California employers use the federal electronic employment verification system, better known as E-Verify, to validate whether the employees they hire are authorized to work in the United States. E-Verify has been a...more

Hoeganaes Corporation Settles EEOC Disability Discrimination Lawsuit

Steel and Iron Powder Company Denied Applicant a Job Because It Regarded Him as Disabled, Federal Agency Charged - NASHVILLE, Tenn. - Hoeganaes Corporation will pay $47,500 and furnish other significant equitable relief...more

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