News & Analysis as of

Criminal Background Checks Adverse Action

Mitratech Holdings, Inc

7 Tips for Effective Background Screening of Hourly Employees

Hiring hourly workers, especially in high-volume sectors like retail, hospitality, healthcare, and construction, presents unique challenges. The demand for quick hiring can sometimes lead to shortcuts in the background...more

Cozen O'Connor

Property Owners Beware: Criminal Background Checks Could be a Way of the Past

Cozen O'Connor on

Effective January 1, 2025, housing providers in New York City will need to think twice about how they use criminal background checks. Local Law No. 24, titled the Fair Chance Housing Act, limits the use of criminal background...more

Kramer Levin Naftalis & Frankel LLP

Amendments to the NYC Fair Chance Act and New Legal Enforcement Guidance Require City Employers to Substantially Change Their...

Recent Amendments to the New York City Fair Chance Act (FCA) that took effect on July 29, 2021, significantly expand the scope of the FCA by imposing new restrictions on an employer’s ability to take adverse action against...more

Seyfarth Shaw LLP

Head’s Up: Increased Risk of Consumer Class Actions With Growing Trend of Local Restrictions on Reporting and Considering...

Seyfarth Shaw LLP on

On January 21, 2020, the Oakland City Council unanimously passed the Fair Chance Housing Ordinance (“FCHO”), which will restrict landlords in their ability to reject a potential tenant because of prior criminal history. It...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

California and Criminal Convictions: Employers May Want to Reexamine Their Background Check Policies in Light of Proposed...

In early 2016, the California Fair Employment and Housing Council (FEHC) proposed regulations that are intended to define and clarify how using a person’s criminal history may violate the Fair Employment and Housing Act...more

MoFo Reenforcement

CFPB’s Message to Employment Background Screening Providers: A Rose by Any Other Middle Name is Probably the Wrong Person

MoFo Reenforcement on

On October 29, the CFPB took action against two of the country’s largest employment background screening report providers for violations of the FCRA. This is one of the CFPB’s most significant FCRA actions to date, following...more

Proskauer - Law and the Workplace

NYC Commission on Human Rights Explains New NYC Background Check Laws

We were pleased to host a program on September 28, 2015 on New York City’s two new background check laws, the Stop Credit Discrimination in Employment Act and the Fair Chance Act. Paul Keefe, Supervising Attorney at the NYC...more

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