Pamela Devata at Seyfarth Shaw LLP

Ban-the-Box Reaches Federal Civilian and Defense Contractors

Seyfarth Synopsis: On December 17, 2019, Congress passed "The Fair Chance To Compete for Jobs Act of 2019" (the “Act”) as part of the National Defense Authorization Act. ...more

1/28/2020 / Background Checks , Ban the Box , Conditional Job Offers , Criminal Background Checks , Criminal Records , Defense Contracts , Employer Liability Issues , Employment Discrimination , Employment Policies , Federal Contractors , Hiring & Firing , Job Applicants , Labor Regulations , Regulatory Requirements

Updated Mandatory Notice for San Francisco Fair Chance Ordinance

Seyfarth Synopsis: The San Francisco Fair Chance Ordinance (the “FCO”), which was amended as of October 1, 2018, has long required that covered employers provide employees with the Office of Labor Standards Enforcement’s...more

1/24/2020 / Background Checks , Ban the Box , Conditional Job Offers , Criminal Background Checks , Employer Liability Issues , Employment Discrimination , Fair Chance Act , Hiring & Firing , Job Applicants , Local Ordinance , Notice Requirements , San Francisco , State and Local Government , State Labor Laws

Update: Waterloo, Iowa Enacts Ban the Box Restrictions

Seyfarth Synopsis: Waterloo, Iowa has enacted the state’s first “Ban the Box” Ordinance. UPDATE: The Iowa Association of Business and Industry has filed a lawsuit against the City of Waterloo and the Waterloo Commission on...more

1/24/2020 / Background Checks , Ban the Box , Conditional Job Offers , Covered Employer , Criminal Background Checks , Criminal Records , Employer Liability Issues , Employment Discrimination , Hiring & Firing , Job Applicants , Labor Regulations , Local Ordinance , Multistate Corporations , New Regulations , Regulatory Requirements , State and Local Government

Appellate Court Considers the Illinois “Employee Credit Privacy Act”

Seyfarth Synopsis: On December 3, 2019, the Appellate Court of Illinois affirmed summary judgment in favor of a public utility company that considered credit checks for individuals applying for a customer service...more

1/14/2020 / Appeals , Confidential Information , Credit Checks , Employee Privacy Rights , Employer Liability Issues , Employment Discrimination , Employment Litigation , Fair Credit Reporting Act (FCRA) , Federal Labor Laws , Hiring & Firing , Job Applicants , Labor Regulations , Regulatory Standards , Right to Privacy , State and Local Government , State Labor Laws , Summary Judgment

EEOC Consent Decree Over Criminal History Background Checks Serves as a Reminder to Employers to Take a Fresh Look at Their...

Seyfarth Synopsis: After six years of litigation, on November 18, 2019, the Equal Employment Opportunity Commission (EEOC) announced a multimillion-dollar settlement with a national employer, which resolved litigation that...more

12/10/2019 / Ban the Box , Class Action , Conditional Job Offers , Consent Decrees , Corporate Counsel , Criminal Background Checks , Disparate Impact , Employer Liability Issues , Employment Discrimination , Employment Litigation , Equal Employment Opportunity Commission (EEOC) , Fair Credit Reporting Act (FCRA) , Hiring & Firing , Job Applicants , Minorities , Screening Procedures , Settlement Agreements

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

11/27/2019 / Credit Discrimination , Credit History , Employer Liability Issues , Exceptions , Hiring & Firing , Job Applicants , New Rules , Penalties , Puerto Rico

Waterloo, Iowa Enacts Ban the Box Restrictions

Seyfarth Synopsis: Waterloo, Iowa has enacted the state’s first “Ban the Box” Ordinance....more

11/27/2019 / Background Checks , Ban the Box , Conditional Job Offers , Criminal Background Checks , Criminal Records , Employer Liability Issues , Employment Discrimination , Hiring & Firing , Job Applicants , Local Ordinance , State Labor Laws

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

11/1/2019 / Background Checks , Ban the Box , Conditional Job Offers , Criminal Background Checks , Employer Liability Issues , Employment Discrimination , Hiring & Firing , Job Applicants , Labor Regulations , Local Ordinance , Public Employees , Regulatory Requirements , State and Local Government

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

10/2/2019 / Background Checks , Ban the Box , Conditional Job Offers , Criminal Background Checks , Employer Liability Issues , Hiring & Firing , Job Applicants , Labor Regulations , Local Ordinance , State and Local Government

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

5/31/2019 / Ban the Box , Conditional Job Offers , Criminal Background Checks , Employer Liability Issues , Employment Discrimination , Hiring & Firing , Job Applicants , New Legislation , State and Local Government , State Labor Laws

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

5/16/2019 / Consumer Reporting Agencies , Consumer Reports , Criminal Background Checks , Employer Liability Issues , Fair Credit Reporting Act (FCRA) , Hiring & Firing , Reporting Requirements , Screening Procedures

New Mexico’s “Criminal Offender Employment Act” To Prohibit Private Employers From Criminal History Inquiry On Initial Employment...

Seyfarth Synopsis: New Mexico has enacted new legislation which will bring the growing “Ban the Box” to private employers within the state this summer....more

4/22/2019 / Ban the Box , Conditional Job Offers , Criminal Background Checks , Employer Liability Issues , Employment Discrimination , Hiring & Firing , Job Applicants , New Legislation , State and Local Government , State Labor Laws

The Ninth Circuit Demands Simplicity: Background Check Disclosure Forms That Contain State-Law Notices or Improper Grammar Violate...

Seyfarth Synopsis: As part of an evolving trend of narrowly interpreting the FCRA’s “standalone” disclosure and “clear and conspicuous” disclosure requirements, the Ninth Circuit has held that users of consumer reports may...more

1/31/2019 / Background Checks , Corporate Counsel , Criminal Background Checks , Disclosure Requirements , Employer Liability Issues , Employment Discrimination , Fair Credit Reporting Act (FCRA) , Investigative Consumer Reporting Agencies Act (ICRAA)

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

1/30/2019 / Background Checks , Ban the Box , Conditional Job Offers , Criminal Background Checks , Employer Liability Issues , Employment Discrimination , Hiring & Firing , Job Applicants , Local Ordinance , New Legislation

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

1/18/2019 / Ban the Box , Conditional Job Offers , Criminal Background Checks , Employer Liability Issues , Employment Discrimination , Hiring & Firing , Job Applicants , Local Ordinance

Stricter Regulations for Consumer Credit Reporting Agencies Compiling Information on New York Consumers

Seyfarth Synopsis: The New York State Department of Financial Services (“DFS”) has promulgated stricter regulations for consumer credit reporting agencies (“CCRAs”) compiling information on New York consumers, including, but...more

9/14/2018 / Consumer Reporting Agencies , NYDFS , Registration Requirement , Regulatory Requirements

California Supreme Court Upholds Constitutionality of State Consumer Reporting Statute

Seyfarth Synopsis: After several years of litigation, in Connor v. First Student, Inc. the California Supreme Court decided that the California Investigative Consumer Reporting Agencies Act (“ICRAA”) was not...more

8/28/2018 / Appeals , Background Checks , CA Supreme Court , Consumer Credit Reporting Agencies Act (CCRAA) , Credit Reports , Employer Liability Issues , Employment Litigation , Investigative Consumer Reporting Agencies Act (ICRAA) , Reversal , State Labor Laws , Summary Judgment , Vagueness

FDIC Publishes Final Rule On Modifications To Statement Of Policy For Section 19 Of The Federal Deposit Insurance Act

Seyfarth Synopsis: On August 3, 2018, the FDIC published its final rule on modifications to the Statement of Policy for Section 19 in an attempt to reduce the number of low risk criminal offenses that result in preclusion of...more

8/24/2018 / Banking Sector , Criminal Records , De Minimis Claims , FDIA , FDIC , Financial Institutions

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

6/13/2018 / Credit Checks , Credit History , Employee Credit Checks , Employee Rights , Employer Liability Issues , Fair Credit Reporting Act (FCRA) , Hiring & Firing , Job Applicants , Popular

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

4/26/2018 / Amended Legislation , Ban the Box , Conditional Job Offers , Criminal Background Checks , Employer Liability Issues , Employment Discrimination , Hiring & Firing , Job Applicants , Local Ordinance , Private Sector , State and Local Government , State Labor Laws

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

4/6/2018 / Ban the Box , Criminal Background Checks , Employer Liability Issues , Employment Discrimination , Fair Chance Act , Hiring & Firing , Job Applicants , Local Ordinance , State and Local Government

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

3/14/2018 / Ban the Box , Conditional Job Offers , Corporate Counsel , Criminal Background Checks , Employer Liability Issues , Employment Discrimination , Hiring & Firing , Job Applicants , New Legislation , State and Local Government , State Labor Laws

1/24/2018 / Article III , Background Checks , Corporate Counsel , Employer Liability Issues , Fair Credit Reporting Act (FCRA) , Hiring & Firing , Injury-in-Fact , Petition for Writ of Certiorari , SCOTUS , Screening Procedures , Spokeo v Robins , Standing

Pamela Devata

Seyfarth Shaw LLP

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