News & Analysis as of

Criminal Background Checks Hiring & Firing 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

IR Global

County of Los Angeles Enacts Fair Chance Ordinance New Hiring Requirements for Employers

IR Global on

What is this about? On February 27, 2024, the County of Los Angeles Board of Supervisors voted to adopt the County’s Fair Chance Ordinance for Employers (FCO). The FCO aligns with the California Fair Chance Act (FCA),...more

Mitratech Holdings, Inc

Your Complete Guide to Educator Background Checks (Teachers, Support Staff, and More!)

Schools are under an intense microscope from parents, taxpayers, and the government. One slight mistake in hiring – even if that person doesn’t teach children – can have a catastrophic impact. Educator background checks are...more

Seyfarth Shaw LLP

New York State Enacts Legislation Sealing Criminal Records

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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

Pullman & Comley - Labor, Employment and...

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Has Spoken (Part Two-Expansion...

RELIANCE UPON PRIOR CRIMINAL RECORDS BY EMPLOYERS: H.B. No. 6474 (“An Act Concerning Collateral Employment Consequences Of A Criminal Record”) would, among other things, prohibit all employers from denying employment on the...more

Amundsen Davis LLC

NEW Illinois Law Limiting The Use Of Criminal Convictions: How It Impacts Hiring In The Transportation Industry

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With Governor Pritzker’s signature to Senate Bill 1480 on March 23, 2021, the Illinois Human Rights Act (IHRA) now prohibits any employer’s use or reliance on a criminal conviction to support an adverse employment action...more

Epstein Becker & Green

Illinois Places Significant Restrictions on Employers’ Use of Criminal Conviction History and Imposes EEO Reporting Requirement

Illinois recently enacted SB 1480 (or “Law”) which, among other measures, effective immediately, places significant restrictions on the ability of Illinois employers to refuse to hire a job applicant or take adverse action...more

Morgan Lewis

Illinois Amends Antidiscrimination, Pay Equity, and Business Disclosure Laws

Morgan Lewis on

Illinois Governor J.B. Pritzker signed Senate Bill 1480 into law on March 23, effective immediately. The new law limits employers’ use of conviction records in making employment decisions, requires broad workplace demographic...more

Franczek P.C.

New IHRA Amendments Severely Limit Employers’ Ability to Consider Criminal Background

Franczek P.C. on

On March 23, 2021, Governor Pritzker signed into law amendments to the Illinois Human Rights Act (IHRA) that substantially limit employers’ ability to consider an applicant or employee’s criminal history. ...more

Littler

Illinois Imposes New Criminal History Check Requirements on Employers

Littler on

On March 23, 2021, Governor J.B. Pritzker signed a bill (SB1480) that amends the Illinois Human Rights Act (IHRA) to, among other things, impose new requirements on employers that perform criminal history checks on their...more

Epstein Becker & Green

New York City Expands Applicant and Employee Protections Under Its “Ban the Box” Law

Epstein Becker & Green on

On January 10, 2021, Int. 1314-A (“Law”) was enacted, and it goes into effect on July 28, 2021. The Law significantly expands job applicants’ protections under New York City’s Fair Chance Act (“FCA”), otherwise known as the...more

Littler

California DFEH Ramps Up Enforcement of FEHA’s Protections Against Criminal Record Discrimination

Littler on

Employers with operations in California should be vigilant about compliance with the protections against criminal record discrimination in the California Fair Employment and Housing Act (FEHA).  The FEHA prohibits employers...more

Littler

New York City Expands Scope of its Ban-the-Box Law

Littler on

On December 10, 2020, the New York City Council passed bill Int. 1314-A, which significantly expands the scope of New York City’s “ban-the-box” law, the New York City Fair Chance Act (FCA). The bill would impose significant...more

Littler

Montgomery County, MD Amends Ban-the-Box Legislation

Littler on

On November 20, 2020, the Montgomery County, Maryland Council approved amendments to its 2014 “ban-the-box” legislation.  The original legislation (Bill 36-14) prohibited employers with 15 or more full-time employees in...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

Jackson Lewis P.C.

Hawaii Tightens Ban-The-Box Law, Further Limiting Use Of Past Criminal History In Work Decisions

Jackson Lewis P.C. on

Hawaii has narrowed the scope of what employers can consider regarding an individual’s conviction history when making employment decisions. Hawaii employers have long been required to limit their consideration of felony...more

Littler

Hawaii Amends its Ban the Box Law to Fortify Protections for Ex-Offenders

Littler on

Hawaii has long had a law limiting the discretion that employers have to consider older conviction records in making employment decisions.  Effective September 15, 2020, SB 2193 prevents most private sector employers from...more

Seyfarth Shaw LLP

The Business of Background Checks During a Pandemic

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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

Another New York Locality Bans the Box

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On April 27, 2020, the Suffolk County Legislature filed with the Secretary of State an amendment to the county’s Human Rights Code to include a new “Fair Employment Screening” section. ...more

Littler

Suffolk County, NY Enacts “Ban-the-Box” Law Restricting Use of Criminal History in Pre-Hire Process

Littler on

Effective August 25, 2020, Suffolk County will join a growing number of New York jurisdictions, including New York City, Buffalo, Rochester, and Westchester County, in restricting the use of pre-employment inquiries into an...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

Update #2: Waterloo, Iowa Enacts Ban the Box Restrictions

Seyfarth Shaw LLP on

Seyfarth Synopsis:  Waterloo, Iowa has enacted the state’s first “Ban the Box” Ordinance. UPDATE #2:  On April 3, 2020, the lawsuit brought by the Iowa Association of Business and Industry (the “Association”) against the...more

McNees Wallace & Nurick LLC

Maryland Enacts Ban-the-Box Law: How Your Organization Can Ensure Compliance

If your business operates in Maryland, you need to be aware of SB 839, a law that took effect February 29, 2020.  SB 839 prohibits employers with 15 or more full-time employees from asking job applicants about their criminal...more

Pierce Atwood LLP

New England “Ban-the-Box” Trend: Navigating Criminal History Checks in the Hiring Process

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Many states and localities have been adopting “ban-the-box,” prohibiting employers (including private employers) from asking applicants to disclose information concerning their criminal histories prior to an initial interview...more

Littler

New Year, New Local Ban-the-Box Restrictions on Background Checks

Littler on

With the start of a new year—and a new decade—employers in San Francisco, California, Waterloo, Iowa, and Grand Rapids, Michigan, must follow new “ban-the-box” laws restricting their use of criminal records in hiring and...more

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