Job Applicants Credit Checks

News & Analysis as of

NYC Commission on Human Rights Explains New NYC Background Check Laws

We were pleased to host a program on September 28, 2015 on New York City’s two new background check laws, the Stop Credit Discrimination in Employment Act and the Fair Chance Act. Paul Keefe, Supervising Attorney at the NYC...more

Two New NYC Statutes Constrain Hiring Process - Hedge Up - A Heads-Up on Employment Issues Confronting the Hedge Fund Industry

If you read one thing... - Two new employment statutes place additional burden on New York City firms during prospective employee screening and provide fodder for the plaintiffs’ bar - Credit history and...more

The New York City Commission on Human Rights Releases Enforcement Guidance on the Stop Credit Discrimination in Employment Act

Last week, the Stop Credit Discrimination in Employment Act became effective. It amended the New York City Human Rights Law to prohibit most employers from making employment decisions based on an employee or applicant’s...more

NYC Commission on Human Rights Releases Interpretive Enforcement Guide for the SCDEA

The Commission’s guide outlines narrow interpretation and recordkeeping requirements for employers seeking exemptions to the SCDEA, as well as guidance on enforcement and penalties for SCDEA violations....more

NYCCHR Issues Guidance on Credit Check Law

The New York City Commission on Human Rights (the “Commission”) has just issued guidance in respect of the Stop Credit Discrimination in Employment Act (the “SCDEA”), which goes into effect September 3, 2015 and modified the...more

Reminder for NYC Employers: Ban on Credit Checks Takes Effect Today

A new law restricting the pre-employment process takes effect in New York City today, September 3, 2015 (the Law). As we previously reported, the Law bars most employers in NYC from requesting or considering, for employment...more

Background Checks? That is the Question

Has your company decided yet whether it will conduct criminal background or credit checks? If you are already using that tool as part of your job screening process, are you keeping up with legal developments in every city,...more

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

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

Background Checks Increasingly Leading to Litigation

Background checks are increasingly leading to class action lawsuits alleging violations of the Fair Credit Reporting Act ("FCRA"). Many employers utilize background checks that include "consumer reports" during the hiring...more

Connecticut Broadens Exemptions to Law Limiting Credit Checks

Connecticut has added mortgage brokers, lenders, and servicing companies to the list of “financial institutions” exempted under the state’s existing law limiting credit checks for purposes of employment. The amendment, which...more

New York City Council Continues Push to Ban Credit Checks in Connection with Employment Decisions

The New York City Council’s Committee on Civil Rights recently held a hearing on a bill that would amend the New York City Human Rights Law to prohibit employers from basing an employment decision on the consumer credit...more

New Law: California Restricts Use of Credit Checks by Employers

The practice of using pre-employment credit checks has come under attack for a variety of reasons. Governor Jerry Brown recently signed into law Assembly Bill 22 (AB 22) that restricts California employers from using consumer...more

Credit Checks In California Now Tougher Than Ever

Effective January 1, 2012, California employers will have to avoid yet another potential legal hazard that haunts businesses with the threat of costly penalties: the unauthorized use of consumer credit reports regarding job...more

Connecticut Mandates Paid Sick Leave and Bars Pre-Employment Credit Checks

With Democrats fully in control of both legislative houses and the governorship of a union-friendly state for the first time in more than a decade, two new laws have been enacted that place Connecticut at the leading edge of...more

Legal Challenges to Applicant Credit Checks

Employers face rising criticism regarding their use of credit histories in hiring decisions. Civil rights advocates raise concerns that use of credit histories unfairly disadvantages certain segments of the population....more

Better Double Check Your Use Of Credit Checks

Colorado, Maryland and Pennsylvania are the latest to join a growing number of states that have taken steps to limit an employer's ability to perform credit checks on its employees. So far, only four states have actually...more

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