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

by Seyfarth Shaw LLP on

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

Revisions Planned For The FDIC’s Statement Of Policy For Section 19 Of The Federal Deposit Insurance Act

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The FDIC is accepting comments until March 9, 2018 on the proposed revisions to the Statement of Policy for Section 19 of the Federal Deposit Insurance Act; the FDIC is seeking, among other things, to...more

Federal Court Rules That The EEOC Can Mess With Texas In Felon Hiring Lawsuit

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a showdown between the State of Texas and the EEOC – whereby Texas alleged that the EEOC’s “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title...more

Is The EEOC’s Background Check Guidance In Jeopardy?

by Akerman LLP - HR Defense on

Employers that have been frustrated with the EEOC’s position on how they can use arrest and conviction records, take note: earlier this month, a federal court in Texas enjoined the EEOC and the Attorney General of the United...more

Ban-The-Box Laws In Spokane, Washington, And Kansas City, Missouri

by Jackson Lewis P.C. on

State and local jurisdictions have continued to consider and enact legislation restricting employers from inquiring about a job applicant’s criminal background during the initial stages of the application process. Two of the...more

EEOC Can’t Mess With Texas (Until Folks Have A Chance To Comment On Substantive Rule)

by Sherman & Howard L.L.C. on

The U.S. District Court for the Northern District of Texas has enjoined the Equal Employment Opportunity Commission (EEOC) from enforcing its guidance on background checks against Texas. The guidance, Texas argued, directly...more

Kansas City, Missouri Bans The Box For Private Employers

by Seyfarth Shaw LLP on

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

Kansas City, Missouri Enacts "Ban-the-Box-Plus" Ordinance

by Littler on

On February 1, 2018, the Kansas City, Missouri City Council passed restrictions on employers’ inquiries into, and use of, criminal record information. The ordinance becomes effective on June 9, 2018. The City had already...more

Alabama Court Decides An Individual With A Partially Amputated Foot Is Not Disabled Under The ADA

by Jackson Lewis P.C. on

The ADA Amendments Act of 2008 (ADAAA) made a number of significant changes to the definition of “disability.” Much of the change had to do with making it easier for an individual to establish that he or she has a disability...more

[Podcast]: Laws Governing Background Checks for Employers

In this episode of The Proskauer Brief, senior counsel Harris Mufson and associate Michelle Gyves discuss the main laws governing background checks for employers. We will discuss how employers can utilize the federal Fair...more

Ringing in 2018 with New Ban-The-Box Laws

by Littler on

Over the past few years, employers have come to expect new ban-the-box laws, and 2018 is no exception: one state law was amended and one new local law was enacted. ...more

Job Ads Distributed to Younger Recruits May Be Discriminatory

by Pepper Hamilton LLP on

Q. My company wants to target on-line recruitment ads for certain jobs to specific age groups. Is that legal? A. In most circumstances, the answer is no. Unless an employee’s age is a bona fide occupational qualification...more

The EEOC Continues to Press Litigation Under Title VII Concerning Employer Criminal Records Checks

by Littler on

In April 2012, the Equal Employment Opportunity Commission (“EEOC”) issued updated “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of...more

Alert: California’s Statewide “Ban the Box” Law Goes Into Effect January 1

by Cooley LLP on

Effective January 1, 2018, California joins a number of other states and major cities in prohibiting private employers from making pre-offer inquiries regarding an applicant's criminal history (so-called "ban the box" laws)....more

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

by Seyfarth Shaw LLP on

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

The 12 days of Christmas – California Labor & Employment Edition – Day 1 "Ban the Box"

by Hinshaw & Culbertson LLP on

It’s the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2018. In the spirit of the season, we are using the next “12 days of...more

Ouch: EEOC Gets Summary Judgment Win Relative To Employer’s Medical Testing

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In an ADA action alleging that a maker of train components discriminated against a group of applicants by regarding them as disabled, a federal district court in Illinois granted the EEOC’s partial motion...more

California Law Restricts Employer’s Consideration of Job Applicants’ Criminal History

by Perkins Coie on

Governor Jerry Brown has signed A.B. 1008 which amends the California Labor Code effective January 1, 2018, to prohibit employers from considering or inquiring about “an applicant’s conviction history,” “arrests not followed...more

California Adopts State-Wide Restrictions on Criminal History Inquiries for Job Applicants

by Davis Wright Tremaine LLP on

Governor Jerry Brown recently signed Assembly Bill No. 1008, which restricts how and when public and private employers can ask applicants about criminal history when applying for employment in California. The new restrictions...more

Employment Law Reporter November 2017: California’s New Ban the Box Law

by Ervin Cohen & Jessup LLP on

Beginning January 1, 2018, Assembly Bill 1008 (AB 1008) will prohibit employers with five or more employees from inquiring about criminal history on an employment application or before making a conditional employment offer,...more

Does California's State-Wide "Ban-the-Box" Put Employers In A Box?

by Nossaman LLP on

On October 14, 2017, Governor Jerry Brown announced that he had signed Assembly Bill 1008, which prohibits most California public and private employers from asking applicants about criminal conviction history until after a...more

California Implements Statewide “Ban the Box” Law Effective January 1, 2018

by LeClairRyan on

California has become the tenth state to pass the “ban-the-box” law which removes the conviction history question on job applications for private employers with five or more employees. Connecticut, Hawaii, Illinois,...more

Workplace Now: The “Localization” of Employment Law – What you Don’t Know Can Hurt

by LeClairRyan on

It is no secret these days that many workforces, particularly over the last five years, are now subject to numerous state and municipal laws that seek to shape and regulate numerous areas of the workplace (many of which are...more

New California Laws on the Horizon

by FordHarrison on

California has passed a number of employment laws this year, including the expansion of baby bonding leave to small employers, prohibiting inquiries into an applicant’s salary history, and restricting the use of applicants’...more

California Governor Approves Three More Employment Laws: “Ban The Box”; Expansion of Sexual Harassment Training; and Contractors...

The deadline for California Governor Jerry Brown to sign new bills into law officially expired October 15, 2017. In addition to signing five bills last week, the Governor signed three more employment-related bills into law...more

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