News & Analysis as of

Criminal Background Checks Fair Credit Reporting Act (FCRA) State and Local Government

Mitratech Holdings, Inc

How Far Back Does a Background Check Go?

Background checks are an essential part of the hiring process and personal safety. But how far back do they go? If you’ve ever wondered about the time limits on background checks, you’re not alone....more

Bradley Arant Boult Cummings LLP

Is the Past Really Past? Tips for Employers on Background Checks

In the quest to hire the best employees, employers often look at an employee’s past — past jobs, credit history, and criminal history. If you are conducting  background checks, you know you have to comply with the Fair Credit...more

Perkins Coie

What All Illinois Employers Need to Know About Illinois’ New Background Check Law

Perkins Coie on

On March 23, 2021, Governor J.B. Pritzker signed Senate Bill 1480 (SB 1480), which amends the Illinois Human Rights Act to impose robust new restrictions and obligations on employers’ use of background checks in Illinois. The...more

Littler

Updates to California’s Restrictions on Using Criminal Records in Employment Decisions

Littler on

The California Fair Employment and Housing Act (FEHA), as amended in 2018, restricts a covered employer’s ability to make hiring decisions based on an individual’s criminal history, including but not limited to court records...more

Seyfarth Shaw LLP

The Business of Background Checks During a Pandemic

Seyfarth Shaw LLP on

Seyfarth Synopsis: As the number of class actions alleging FCRA violations continues to skyrocket, it is critical for California employers to understand the basics of all laws affecting employment screening programs. This...more

Seyfarth Shaw LLP

Ninth Circuit Holds That Background Check Disclosures Should Not Contain Any Extraneous Information

Seyfarth Shaw LLP on

Seyfarth Synopsis: On March 20, 2020, the Ninth Circuit Court of Appeals held the Fair Credit Reporting Act’s (“FCRA”) standalone disclosure requirement does not allow for the inclusion of any extraneous information in an...more

Seyfarth Shaw LLP

St. Louis, Missouri Enacts Ban-the-Box Law for Private Employers

Seyfarth Shaw LLP on

Seyfarth Synopsis: St. Louis has become the third locality in Missouri to enact a “Ban the Box” law, joining Kansas City and Columbia. With a January 1, 2021 effective date, covered employers should begin taking steps to...more

Littler

Criminal Record Screening Policies Continue to Raise Important Multi-Jurisdictional Compliance Issues

Littler on

Employers that use criminal record screening policies must continue to be vigilant about compliance with all applicable laws. Following a multi-million dollar settlement by a leading retailer earlier this year, a recent...more

Seyfarth Shaw LLP

California Employers: Beware the Background Check Bugaboos

Seyfarth Shaw LLP on

Seyfarth Synopsis: California is rife with regulation of how employers may obtain and consider background check information for use in hiring and personnel decisions. ...more

Littler

EEOC's Background Check Guidance Suffers Loss in Texas Federal Court

Littler on

On February 1, 2018, a federal judge enjoined the EEOC and U.S. Attorney General from enforcing against the State of Texas the EEOC’s 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in...more

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