AGG Talks: Background Screening - Ban the Box and Fair Chance Hiring Laws: The Year in Review
Expungements: A Helping Hand for a Second Chance and New Opportunities
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
[WEBINAR] Exploring the CPRA’s Investigatory Privilege
Devil in the Details: Gilbert King on Truth and Transparency in the Judicial Process
How to Conduct Criminal Background Checks the Right Way
In December 2023, the California Civil Rights Department (“CRD”) filed the first-of-its-kind lawsuit under the California Fair Chance Act (“Act”) against Ralphs Grocery Store (“Ralphs”) in the Los Angeles County Superior...more
Over the closing months of 2023, New York lawmakers at both the state and local levels were busy passing new legislation impacting the workplace. As a result, New York employers should take some time to familiarize themselves...more
The regulatory landscape for UK employers has evolved significantly over the second half of 2023. New legislation is in force or is due to come into force over the next 12 months, covering a variety of employment-related...more
The federal Fair Chance to Compete for Jobs Act of 2019 (Fair Chance Act) officially took effect this week on December 20, 2021. The law was signed two years ago as Section 1123 of the National Defense Authorization Act for...more
In December 2021, covered federal contractors may start seeing new or amended solicitations and contract clauses that prohibit them from inquiring into job applicants’ criminal backgrounds. The federal Fair Chance to Compete...more
Companies that hire employees and engage independent contractors in California should brace for a significant slowdown in background checks that include criminal record searches in California state courts....more
On April 12, 2021, New Mexico Governor Michelle Lujan Grisham, signed House Bill 2, the Cannabis Regulation Act (the “Act”), which legalizes recreational cannabis in the state. In addition to legalizing recreational...more
On March 23, 2021, Illinois Gov. J.B. Pritzker signed Public Act 101-0656 into law, amending the Illinois Human Rights Act (IHRA), the Business Corporation Act of 1983 and the Equal Pay Act of 2003 in ways that will...more
According to U.S. Department of Justice statistics, Black men in the U.S. are more likely to be arrested and have criminal convictions on their records than their white counterparts. Last week, a split Second Circuit Court of...more
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
On December 20, 2019, President Trump signed into law a defense spending bill which included the Fair Chance to Compete for Jobs Act of 2019 (“Fair Chance Act”). Employers should take note that the law (1) prohibits the...more
Seyfarth Synopsis: Stepping into a new year always gives one a chance to reflect on the lessons and trends of the prior year. In that spirit, we are pleased to present our annual selections for the five most intriguing...more
On August 6, 2019, in Texas v. EEOC, the U.S. Court of Appeals for the Fifth Circuit dealt the EEOC a significant setback, largely affirming the district court’s decision that the EEOC violated the federal Administrative...more
The 2018 Colorado state elections resulted in a Democratic House, Senate, and governor, smoothing the way for the 2019 legislature to pass six new employment bills. Some of these pieces of legislation had been proposed in...more
San Francisco recently added significant teeth to its “Fair Chance” ordinance, which is designed to give applicants who have criminal histories a chance to get their foot in the door without being automatically disqualified....more
On September 24, 2018, the U.S. Equal Employment Opportunity Commission (EEOC) reaffirmed the importance of following its 2012 enforcement guidance on employer use of criminal history information - specifically the EEOC’s...more
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
1: Accommodation in the Workplace - OVERVIEW - Employers have a duty to accommodate employees’ needs based on those grounds protected under federal and provincial human rights legislation. All employers are required...more
On May 4, 2017, the New York Court of Appeals answered who may be liable under the state’s fair employment law for discrimination based on an individual’s conviction record. The opinion in Griffin v. Sirva, Inc. is...more
Proskauer is pleased to launch a new blog series seeking to separate fact from fiction as the public discourse on immigration issues continues. We will address, among other topics, the actual real world impact of the...more
The New York State Department of Financial Services (NYSDFS) has promulgated a regulation that requires insurance companies to provide Commercial Crime Coverage to employers who have prior knowledge of an employee’s prior...more
California recently amended its existing law governing inquiries into and the use of juvenile criminal information. Effective January 1, 2017 employers will be restricted from asking about, seeking, or using a California...more
On September 27, 2016, California Governor Jerry Brown signed Assembly Bill No. 1843, which amends the California Labor Code to prohibit employers from considering certain juvenile records for employment purposes. The...more
On June 27, 2016, the U.S. Court of Appeals for the Fifth Circuit handed a victory to the State of Texas in Texas v. EEOC , No. 14-10949 (5th Cir. June 27, 2016), by remanding back to the district court the case it dismissed...more
Action Item: On March 14, 2016, Philadelphia’s “Ban the Box” ordinance will expand to prohibit all private employers and city agencies from inquiring into a prospective employee’s criminal history prior to making a...more