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Puerto Rico Enacts Restrictions on Use of Credit History in Employment

Seyfarth Synopsis: With limited exception, Puerto Rico has joined the growing list of states that preclude an employer or prospective employer from procuring an employee’s or applicant’s credit history and/or taking adverse...more

UPDATE - Columbia, South Carolina Enacts Ban-the-Box Law for City Employers

Seyfarth Synopsis: The Columbia, South Carolina Mayor Steve Benjamin has signed a new law prohibiting City employers - but NOT private employers - from inquiring about an applicant’s criminal history until receipt of a...more

Columbia, South Carolina Enacts Ban-the-Box Law

Seyfarth Synopsis: The Columbia, South Carolina Mayor Steve Benjamin has signed a new law prohibiting employers – including private employers – from inquiring about an applicant’s criminal history until receipt of a...more

Colorado Enacts Statewide Ban-the-Box Law for Private Employers

Seyfarth Synopsis: The Colorado Governor has just signed a new law prohibiting employers from inquiring about an applicant’s criminal history on an initial employment application....more

Ninth Circuit Weighs In on Calculating the FCRA’s Seven-Year Reporting Rule

Seyfarth Synopsis: On May 14, 2019, the Ninth Circuit Court of Appeals added to the ongoing line of decisions in the Moran v. The Screening Pros saga, holding that under the Fair Credit Reporting Act’s rule prohibiting...more

Updated: A New Year Brings New Ban The Box Laws to the United States Virgin Islands and Westchester County, New York

Seyfarth Synopsis: The U.S. Virgin Islands and Westchester County, New York have enacted legislation which brings these jurisdictions into the growing “Ban the Box” trend. ...more

A New Year Brings New Ban The Box Laws to the United States Virgin Islands and Westchester County, New York

Seyfarth Synopsis:  The U.S. Virgin Islands and Westchester County, New York have enacted legislation which brings these jurisdictions into the growing “Ban the Box” trend.      ...more

Using Credit Histories In Employment Decisions: An Overview Of Divergent State & Local Requirements

Seyfarth Synopsis: Over the past few years, restrictions regarding the use of credit checks by employers on applicants and employees have been passed at various state and municipal levels, and the federal government has...more

Michigan Bans Local Ban-the-Box Laws

Seyfarth Synopsis: Michigan Governor Rick Snyder recently signed a bill that will prohibit counties and cities from enacting “ban-the-box” ordinances or other restrictions on the ability of private employers to inquire about...more

San Francisco Amends “Fair Chance Ordinance” to Align with Portions of California’s New Statewide Ban-the-Box Law

Seyfarth Synopsis: On April 3, 2018, San Francisco amended its Fair Chance Ordinance to align, in some respects, with California’s new ban-the-box law. San Francisco employers with more than five employees still must be...more

Washington State’s New Ban-The-Box Law Completes The West Coast Trend

Seyfarth Synopsis: The Washington Governor has just signed a new law prohibiting employers from inquiring about an applicant’s criminal history before the applicant is deemed “otherwise qualified” for the position sought. ...more

Kansas City, Missouri Bans The Box For Private Employers

Seyfarth Synopsis: Kansas City, Missouri becomes the latest jurisdiction to “ban the box” by delaying inquiries into criminal history until an applicant has been deemed qualified -- and has been at least interviewed -- by a...more

Spokeo v. Robins: The U.S. Supreme Court Declines An Encore Performance

Seyfarth Synopsis: In deciding to deny certiorari to review Spokeo, Inc. v. Robins, No. 17-806 (U.S. 2017), the U.S. Supreme Court has declined to reconsider the standing principles it announced in its landmark 2016 Spokeo...more

Spokane City Council Approves “Ban-the-Box” Ordinance for Private Sector Employers

Seyfarth Synopsis: The Spokane City Council recently approved a “ban-the-box” ordinance, which, if it becomes law, will prohibit employers from requesting and considering criminal history until after an interview. The Mayor...more

California Passes State-Wide Ban-the-Box Law

Seyfarth Synopsis: The California Legislature has just created yet another protected class of individuals entitled to sue employers under the Fair Employment and Housing Act....more

Court Holds that Receiving an Updated Background Report May Require a Second Pre-Adverse Action Notice

Seyfarth Synopsis: In the last three years, employers have seen a sharp increase in the number of employment class actions under the Fair Credit Reporting Act (FCRA). Most of the reported cases involve challenges to the...more

Spokeo: On Remand From The U.S. Supreme Court, The Ninth Circuit Finds Plaintiff Has Standing, Again

Seyfarth Synopsis: Following remand from the U.S. Supreme Court, the Ninth Circuit found that the plaintiff suing Spokeo, Inc. under the Fair Credit Reporting Act alleged sufficient injury to establish standing to proceed in...more

New York City’s Fair Chance Act: Final Rules and Regulations

Seyfarth Synopsis: On August 5, 2017, the Final Rules and Regulations for the New York City Fair Chance Act (the “FCA”) go into effect. The FCA, which is enforced by the New York City Commission on Human Rights (the...more

Update: San Francisco’s Salary History Ban Signed Into Law

Seyfarth Synopsis: Mayor Ed Lee signed the “Parity in Pay Ordinance” (“Ordinance”) on July 19, 2017, prohibiting employers from inquiring about a job applicant’s salary history. The law will go into effect on July 1, 2018...more

A Ban on Ban-the-Box Laws? Texas and Indiana Introduce Legislation That Would Prohibit Municipal and County Ban-the-Box Laws...

Seyfarth Synopsis: In recent years, numerous cities and counties have enacted ordinances restricting the ability of public and private employers to inquire into the criminal histories of applicants during various stages of...more

San Francisco’s Salary History Ban “Finally Passes” After Two Rounds of Votes

Seyfarth Synopsis: San Francisco is likely to be the next jurisdiction to prohibit employers from asking job applicants about wage history. If signed by the Mayor, as expected, the law will go into effect on July 1, 2018...more

Lawsuit Challenging Philadelphia Salary History Ban Ordinance Dismissed

Seyfarth Synopsis: UPDATE: The United States District Court for the Eastern District of Pennsylvania dismissed the challenge to the Philadelphia ordinance on May 30, 2017 based upon the Chamber of Commerce for Greater...more

The State of Indiana Bans Political Subdivisions From Enacting “Ban the Box” Restrictions

Seyfarth Synopsis: Indiana Senate Bill 312 (the “Bill”) provides, among other things, that a political subdivision of the state, including a municipality, may not prohibit an employer from obtaining or using criminal history...more

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