News & Analysis as of

Employment Discrimination Criminal Records State and Local Government

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

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

Husch Blackwell LLP

Illinois Enacts SB 1480 Strengthening The Equal Pay Act And Restricting Use Of Criminal Convictions In Employment Decisions

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On March 23, 2021, Illinois Governor Pritzker signed into law Senate Bill 1480, which amends both the Illinois Human Rights Act (IHRA) and the Illinois Equal Pay Act, and requires employers to report EEO-1 and pay data to the...more

Littler

Illinois Imposes New Criminal History Check Requirements on Employers

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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

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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

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

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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

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

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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

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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

Morgan Lewis

Maryland General Assembly Overrides Governor’s ‘Ban-the-Box’ Veto

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Maryland employers with 15 or more employees are prohibited from inquiring about a job applicant’s criminal history during early stages of the hiring process. ...more

Littler

City of Columbia, SC Clarifies Coverage of Criminal Records and Salary History Ordinance

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Last year, the City of Columbia, South Carolina enacted an ordinance that appeared to require substantial changes to private employers’ criminal record and salary history inquiry practices. At the time of enactment, the...more

Seyfarth Shaw LLP

Maryland General Assembly Overrides Governor’s Veto and Restores Ban-the-Box Law

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Seyfarth Synopsis: On January 30, 2020, the Maryland General Assembly voted to override Governor Larry Hogan’s May 2019 veto of the Act Concerning Record Screening Practices (Ban the Box) (the “Act”). As a result, effective...more

Littler

Maryland Enacts a Statewide “Ban-the-Box” Law

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During the 2019 legislative session, Governor Larry Hogan vetoed the Criminal Records Screening (or “Ban-the-Box”) Act. On January 30, 2020, however, the Maryland General Assembly overrode the governor’s veto, making it...more

Seyfarth Shaw LLP

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

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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

St. Louis Enacts Ban-the-Box Ordinance Applicable to Private Employers

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The City of St. Louis, Missouri enacted a ban-the-box ordinance prohibiting employers within the city from basing promotions or hiring decisions on an individual’s criminal history or a related sentence. The ordinance will...more

Seyfarth Shaw LLP

Update: Waterloo, Iowa Enacts Ban the Box Restrictions

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Seyfarth Synopsis: Waterloo, Iowa has enacted the state’s first “Ban the Box” Ordinance. UPDATE: The Iowa Association of Business and Industry has filed a lawsuit against the City of Waterloo and the Waterloo Commission on...more

Seyfarth Shaw LLP

California Employers Watch Out! Legal Minefields for Background Checks

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Seyfarth Synopsis: California’s ban-the-box law strictly regulates how employers may obtain and consider background check information when hiring and making personnel decisions. What’s more, Los Angeles and San Francisco have...more

Fisher Phillips

What A Difference An Election Makes: Colorado Passes Slate Of New Employment Laws

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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

Littler

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

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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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