Seyfarth Synopsis: Connecticut amends its “ban the box” law with regard to employers and modifies technical requirements for consumer reporting agencies. The law is an expansion of Connecticut’s current law, and places...more
Seyfarth Synopsis: As cities across the nation adopt “ban the box” legislation that regulates private employers’ ability to inquire into applicants’ and employees’ criminal histories, employers face a nuanced gauntlet of...more
Effective April 4, 2016, Austin’s Fair Chance Ordinance (the “Ordinance”) imposes a host of new unlawful hiring practices upon private employers regarding inquiries into criminal convictions. Chief among them, an employer...more
Today, the New York City Commission on Human Rights (“NYCCHR”), held a public hearing on the proposed amendments to the Fair Chance Act (“FCA”), which prohibits unlawful discrimination on the basis of criminal history against...more
Seyfarth Synopsis in a Second: As of March 14, 2016, employers in Philadelphia are required to post a new poster on their website and premises and are prohibited from inquiring about an applicant’s criminal background during...more
The New York City Commission on Human Rights (“NYCCHR”) has published proposed amendments to the Fair Chance Act (“FCA”), which prohibits unlawful discrimination on the basis of criminal history against job applicants and...more
The Federal Trade Commission (FTC) has just released a report on Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues (Report), January 6, 2016.
The FTC Chairwoman Edith Ramirez indicates in the FTC...more
On January 20, 2016, the Supreme Court of the United States issued an important ruling that will affect employers’ ability to defend against a variety of lawsuits brought as class actions, including employment discrimination,...more
1/21/2016
/ Campbell Ewald v Gomez ,
Class Action ,
Corporate Counsel ,
Employment Discrimination ,
Genesis Healthcare Corp. v. Symczyk ,
Mootness ,
Popular ,
Rule 68 ,
SCOTUS ,
Settlement Offer ,
Subject Matter Jurisdiction ,
TCPA
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
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
On November 5, 2015, the New York City Commission on Human Rights released its long awaited Enforcement Guidance governing the New York City Fair Chance Act, which makes it unlawful to request or consider an applicant’s...more
This morning the U.S. Supreme Court heard oral arguments in Spokeo, Inc. v. Robins, No. 13-1339. As our loyal blog readers know, this is a case that corporate counsel need to follow closely in light of the stakes for the...more
11/3/2015
/ Article III ,
Consumer Reporting Agencies ,
Fair Credit Reporting Act (FCRA) ,
Oral Argument ,
Petition for Writ of Certiorari ,
Putative Class Actions ,
SCOTUS ,
Search Engines ,
Separation of Powers ,
Spokeo v Robins ,
Standing
In the second periodic installment of the Employment Law Lookout Blog Team’s analysis of employment law (and related) case being heard by the United States Supreme Court this term, read on for our take on Spokeo Inv. v....more
10/30/2015
/ Article III ,
Class Action ,
Congressional Authority ,
Fair Credit Reporting Act (FCRA) ,
Federal Judiciary ,
Injury-in-Fact ,
SCOTUS ,
Separation of Powers ,
Split of Authority ,
Spokeo v Robins ,
Standing
Given the imminent effective date of New York City’s Fair Chance Act, employers may be wondering what they need to do to comply with the law. As many employers are aware, effective October 27, 2015, the Fair Chance Act...more
10/26/2015
/ Adverse Employment Action ,
Background Checks ,
Conditional Job Offers ,
Credit Discrimination ,
Credit Reports ,
Criminal Background Checks ,
Criminal Records ,
Employee Training ,
Employer Liability Issues ,
Employment Application ,
Exceptions ,
Fair Chance Act ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
New Legislation ,
Notice Requirements ,
NYCCHR ,
NYCHRL ,
SCDEA
Earlier this year, the New York City Council passed two laws which place limitations on an employer’s ability to use background checks including credit checks (otherwise known as consumer reports) in employment decisions: the...more
10/2/2015
/ Background Checks ,
Credit Checks ,
Criminal Background Checks ,
Employment Discrimination ,
Exceptions ,
Fair Chance Act ,
Fair Credit Reporting Act (FCRA) ,
Financial Industry Regulatory Authority (FINRA) ,
Human Rights ,
NYCCHR ,
SCDEA
Defendants can add a new decision to their arsenal for defending against multiple proposed class actions on the same claims. The Eleventh Circuit recently issued a decision in Ewing Industries Corporation v. Bob Wines...more
Following the U.S. Supreme Court’s grant of certiorari on April 27, 2015 in Spokeo, Inc. v. Robins, No. 13-1339, the Petitioner has weighed in with their brief.
As you may recall, the question before the Court has the...more
8/12/2015
/ Article III ,
Cause of Action Accrual ,
Certiorari ,
Class Action ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Internet ,
Online Reputation ,
Putative Class Actions ,
SCOTUS ,
Spokeo ,
Spokeo v Robins ,
Standing ,
Statutory Rights ,
TCPA
Oregon will soon become the seventh state to enact "ban the box" legislation prohibiting private employers from inquiring about the criminal histories of job applicants on employment applications. On June 25, 2015, Oregon...more
On June 10, 2015, the New York City Council voted to prohibit private employers from asking job applicants questions about criminal convictions on job applications. Under the Fair Chance Act (the “Act”) an employer may ask...more