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Earlier this month, the New Jersey State Senate Budget and Appropriations Committee advanced a bill seeking to bar employers from inquiring about the criminal history of job applicants during initial interviews and on job...more
Illinois is on the verge of enacting a law that will prohibit criminal background screening and inquiries, including criminal conviction inquiries of the applicant, until the applicant is selected for an interview or unless a...more
An increasing number of states have recently passed laws that prohibit employers from obtaining passwords to a job applicant’s social media accounts. Such legislation highlights companies’ interest in finding out as much as...more
It’s become second-nature to “Google” people to whom you’ve been introduced or are planning to meet. For many employers, it’s just as easy to engage in the same process with those applying for employment.
The Equal Employment Opportunity Commission (“EEOC”) and the Federal Trade Commission (“FTC”) issued joint guidance last month on the use of background checks for employment purposes. Two publications were released. One...more
Background checks can be useful tools to uncover misconduct or dishonest behavior at previous jobs or outside of work, and to determine whether an applicant possesses the positive traits desired in an employee.
Question: What does Edward Snowden (N.S.A.’s infamous document leaker) have in common with Aaron Alexis (who shot 12 people at the Washington Navy Yard last fall)?
Answer: Their employers’ background check said it...more
“The Opportunity to Complete Act” (last mentioned in the February 2013 issue of the New Jersey eAuthority) was reintroduced to the state Senate on February 28, 2014. The bill still prohibits the use of criminal background...more
This last month, San Francisco joined several cities and states by adopting "ban the box" legislation called the Fair Chance Ordinance ("Ordinance"), which limits the timing and scope of inquiries into an applicant's or...more
San Francisco’s recently enacted Fair Chance Ordinance (a.k.a., the “Ban-the-Box Ordinance”) limits the use of criminal history information in pre-employment screening by San Francisco employers, contractors, and affordable...more
The use of criminal background checks when hiring employees has become even more limited in San Francisco. On August 13, 2014, the recently passed Fair Chance Ordinance (Ordinance) becomes operative requiring employers doing...more
Employers who investigate workers' criminal or credit backgrounds may want to review federal guidelines released March 10.
The joint publication of the Federal Trade Commission and the Equal Employment Opportunity...more
User-Friendly Documents for Employers, Job Applicants, and Employees Explain Laws Governing the Acquisition and Use of Personal Background Information -
WASHINGTON - The U.S. Equal Employment Opportunity Commission...more
On February 11, 2014, the San Francisco Board of Supervisors passed sweeping amendments to San Francisco Police Code, Article 49, and Administrative Code, Article 12 (“the amendments” or “the ordinances”) that significantly...more
In all the hoopla over the victory of the employer in EEOC v. Freeman (USDC, MD, Case No. RWT 09-cv-2573) it may have escaped some people that on November 7, 2013 the U.S. Equal Employment Opportunity Commission (“EEOC”)...more
Businesses should check their background check consent forms and their pre-adverse action waiting periods, after a recent federal court decision out of Pennsylvania.
In this Reference Guide:
- Wage/Hour Legislation
- Prevailing Wage Legislation
- Anti-Retaliation Legislation
- Employee Leave Legislation
- Discrimination/Harassment Legislation
On November 4, 2013, the State of Texas filed a lawsuit against the Equal Employment Opportunity Commission (EEOC) regarding the agency's April 2012 guidance on the use of criminal background checks in the employment...more
Colorado recently passed a new law regulating an employer’s use of credit background checks for applicants and employees. The new law goes into effect on July 1, 2013....more
On May 13, 2013, Minnesota's governor signed S.F. 523 to preclude private employers from asking job applicants about their criminal history on the initial job application and from making such inquiries until the applicant has...more
Getting the answers, without violating the new EEOC guidelines -
According to some studies, over 90% of employers conduct criminal-background checks for some job applicants and over 70% of employers conduct background...more
In February 2013, identical bills aimed at reducing pre-employment discrimination against individuals with criminal histories were introduced in the New Jersey Senate and the New Jersey Assembly (S2586 and A3837). Both bills...more
Employers that use third parties to perform background checks on applicants or employees must start using new Fair Credit Reporting Act (FCRA) forms immediately. The new Consumer Financial Protection Bureau, which is...more
The Consumer Financial Protection Bureau (the “Bureau”) has taken over rulemaking and enforcement responsibilities for the Fair Credit Reporting Act (“FCRA”) and has updated an important FCRA form that employers must use when...more
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