A Guide to Running Background Checks: What's the Tea in L&E?
The Risks in Background Checks
Current Trends in FCRA Litigation - The Consumer Finance Podcast
AGG Talks: Background Screening - Ban the Box and Fair Chance Hiring Laws: The Year in Review
AGG Talks: Background Screening - Redaction of Identifiers by the Courts Update, Breaking News from California
AGG Talks: Background Screening - Redaction of Identifiers by the Courts in Michigan and California Pose Challenges for Background Checks
In a recent case, Oconomowoc Area School District v. Cota, the Wisconsin Supreme Court examined the definition of “arrest record” and the circumstances under which employers may lawfully consider arrest records in making...more
Employers in Tennessee face a complex legal landscape when conducting background checks on job applicants. Ensuring compliance with state and federal laws is essential to mitigate legal risks and maintain fair hiring...more
The New York State Clean Slate Act (the "Act") went into effect Saturday, November 16, 2024, bringing with it new obligations for New York employers who rely on criminal background checks. Under the Act, certain criminal...more
New York’s Clean Slate Act is now effective. The Act will lead to the automatic sealing of certain criminal records and will require greater disclosure by employers of the criminal history they can consider in connection...more
Seyfarth Synopsis: Since 2018, California has had a comprehensive Fair Chance Act (CFCA), which places a number of restrictions on employers using criminal history for hiring and other employment purposes. San Francisco and...more
In keeping with the recent proliferation of fair chance legislation at the state and local levels, effective October 10, 2024, businesses with five or more employees who carry out business in unincorporated areas of San Diego...more
General Overview of the Los Angeles County Fair Chance Ordinance -California has long been at the forefront of promoting equal employment opportunity for individuals with criminal histories. Statewide laws such as the Fair...more
California state law already saddles private sector employers with significant obligations to job applicants with a criminal record. Various local laws layer on top of these obligations to make compliance even more...more
The Prince George’s, Maryland County Council recently enacted Bill CB-019-2024, amending the county's Fair Criminal Record Screening Standards. Effective September 16, 2024, the ordinance—renamed “Access to Employment for...more
In recent years, advocates and lawmakers have been pushing to expand the reach of “ban-the-box” measures designed to remove job barriers for individuals with criminal convictions....more
Starting after Labor Day, employers with jobs located in the unincorporated areas of the County of Los Angeles, including work-from-home and hybrid positions, must comply with the County’s fair chance hiring ordinance. The...more
On March 14, 2024, the Massachusetts House of Representatives passed legislation that would prohibit employers from obtaining or using a true credit report for employment purposes. The proposed law, which includes only...more
Since California’s enactment of the Fair Chance Act (“Act”) over six years ago, California’s private and county employers with five or more employees have become well-acquainted with the Act’s general prohibition of employers...more
On March 14, 2024, the Massachusetts House of Representatives passed legislation that would add a new provision to the Massachusetts Consumer Protection law and would bar the use of true credit reports for employment...more
When is an offense a covered “offense” under the Wisconsin Fair Employment Act’s (WFEA) prohibition against arrest record discrimination? This was the question answered by the Wisconsin Court of Appeals in its recent decision...more
Pennsylvania and Philadelphia recently enacted changes that impact employer criminal background screening. ...more
As 2023 winds down to a close, the use of artificial intelligence (AI) by employers shows no sign of slowing down. Rather, employers should prepare for an increased use and presence of AI in employment decision-making, as...more
New York has enacted the Clean Slate Act, effective November 16, 2024, which will provide for the automatic sealing of certain criminal history records. Upon sealing, the records will be unavailable to most employers in a...more
Seyfarth Synopsis: On November 16, 2023, New York became the 12th state to enact “Clean Slate” legislation, which allows certain criminal records to be sealed after an individual is sentenced or released from incarceration,...more
On Nov. 16, 2023, New York State Gov. Kathy Hochul signed legislation, also known as the Clean Slate Act, to automatically seal from public access criminal records for most individuals convicted of a crime....more
On October 1, 2023, changes to the Fair Employment and Housing Act regulations that govern how employers can use information about criminal history in employment decisions go into effect, modifying California Code of...more
On October 1, 2023, changes to the Fair Employment and Housing Act (FEHA) regulations that govern how employers can use information about criminal history in employment decisions go into effect, modifying California Code of...more
The California Civil Rights Council previously issued draft revisions to the Fair Employment and Housing Act’s regulations governing inquiries into and consideration of a job applicant’s criminal history in making hiring...more
For nearly a decade, Chicago has maintained a “ban-the-box” ordinance restricting employer’s use of criminal records in employment screening. This ordinance largely mirrored the requirements of Illinois’ state-wide Job...more
While public school districts have been aware of the fingerprint-based criminal background check requirements for new employees for some time, the hiring process for the 2023-2024 school year is going to look different for...more