News & Analysis as of

Fair Chance Act

Seyfarth Shaw LLP

Game Changing! The CRD Steps Up Fair Chance Act Scrutiny

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For California employers, compliance with the Fair Chance Act (FCA) is not a game. In recent years, the California Civil Rights Department (CRD) has stepped up its investigations into complaints of FCA violations, and...more

Mitratech Holdings, Inc

2026 Fair Chance Hiring: Background Check Compliance Updates

The offer is out, the start date is penciled in, and then a background check report lands with something that makes everyone pause. Maybe it’s a Teams message to Legal. Maybe it’s a hiring manager asking, “What do we do now?”...more

Jackson Lewis P.C.

Ensuring Compliant California Job Postings for the New Year

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The complexities of California employment law begin not when an employer extends an offer, but as soon as they decide to post a job opening. Employers should ensure compliance with California’s job posting and hiring...more

Jackson Lewis P.C.

Washington Employers: Prepare for Hiring Practice Shifts as New Background Check Requirements Take Effect in 2026 + 2027

Jackson Lewis P.C. on

In the 2025 legislative session, Washington State expanded its Fair Chance Act in a number of different ways to impose additional limits on employers’ criminal background inquiries of applicants and employees. The changes go...more

Littler

Philadelphia Passes Additional Amendments to Fair Chance Ordinance

Littler on

On October 8, 2025, with the mayor’s signature, Philadelphia, Pennsylvania enacted additional amendments to its Fair Criminal Record Screening Standards Ordinance (FCRSSO). The amendments continue the city’s trend of...more

Jackson Lewis P.C.

NYC Limits Housing Discrimination Based on Criminal Background: Is ‘Criminal History’ History?

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Housing providers are required to comply with the New York City Fair Chance Housing Act, Local Law 24, which prohibits discrimination toward prospective and current housing occupants based on criminal history, if they choose...more

Foster Garvey PC

2025 Legislative Developments Affecting Washington Employers

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Washington employers face a wave of new workplace legislation, some of which recently became effective and some that will begin in 2026 and beyond. These new or modified laws address a broad range of topics, many of which...more

Fisher Phillips

Washington Further Limits Criminal Background Checks in the Workplace: An Employer’s Guide and Compliance Action Plan

Fisher Phillips on

A new Washington law expands protections for job applicants and employees under the state’s Fair Chance Act, aligning the statewide law more closely with Seattle’s Fair Chance Employment Ordinance. Notably, employers will...more

Gordon Rees Scully Mansukhani

Recently Passed Employment Laws Will Significantly Impact Washington Employers

Recently, Washington State legislators passed several new and amended employment bills, which Governor Ferguson signed, enhancing protections for employees and increasing potential liability for employers. Employers need to...more

Buchalter

Washington Employers: Prepare Now for Sweeping Changes to State Employment Laws Starting July 2025

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The Washington State Legislature has passed a sweeping package of labor and employment laws that will significantly impact businesses with employees working in the State of Washington. These new laws, several of which become...more

Davis Wright Tremaine LLP

Washington Employment Law Mid-Year Update for 2025

Several key bills passed during the recent Washington legislative session that will significantly impact Washington employers...more

BakerHostetler

Salmon, Butter Pats and Vinyl: Washington State’s Newest Invention Will Be More Burdensome Background Check Requirements

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In 1903, Edmund Smith invented the Automated Fish Cleaner. This glorious machine could gut, clean and can a salmon 55 times faster than a human could. ...more

Seyfarth Shaw LLP

Washington’s Fair Chance Act: New Amendments Transform Employer Background Check Policies

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In 2018, Washington enacted a Fair Chance Act, requiring covered employers to wait until after considering an applicant to be “otherwise qualified” for the position at issue to inquire about or consider criminal history when...more

Weintraub Tobin

(Podcast) California Employment News: Fair Chance Act – A Brief Overview of Employment Criminal Background Checks

Weintraub Tobin on

In this installment of California Employment News, Ryan Abernethy and Nikki Mahmoudi provide an essential overview of California’s Fair Chance Act—also known as the Ban the Box law. Learn what employers need to know about...more

Weintraub Tobin

California Employment News: Fair Chance Act – A Brief Overview of Employment Criminal Background Checks

Weintraub Tobin on

In this installment of California Employment News, Ryan Abernethy and Nikki Mahmoudi provide an essential overview of California’s Fair Chance Act—also known as the Ban the Box law. Learn what employers need to know about...more

Holland & Knight LLP

New York City's Fair Chance Housing Law Restricts Criminal Background Checks

Holland & Knight LLP on

New York City's Fair Chance for Housing Act (known as Local Law 24 or the Fair Chance Law) became effective on Jan. 1, 2025. The Fair Chance Law prohibits housing discrimination on the basis of a purchaser's or tenant's...more

Tarter Krinsky & Drogin LLP

NYC Housing Providers Required to Conduct Bifurcated Screening for Criminal Background Checks on Prospective Tenants

Effective January 1, 2025, NYC has implemented the Fair Chance Housing Law, which requires a bifurcated screening process for applicants when the landlord wants to conduct a criminal background check. Housing providers...more

Ervin Cohen & Jessup LLP

Los Angeles and San Diego Counties Enact Fair Chance Ordinances for Unincorporated Areas

In 2016, the city of Los Angeles passed the Fair Chance Initiative for Hiring Ordinance (FCIHO). Preempting California’s Fair Chance Act (FCA) by nearly two years, the FCIHO prohibits private employers operating in the city...more

Allen Matkins

2025 Labor & Employment Law Update for California Employers

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The Allen Matkins Labor & Employment Practice provides annual updates to California law on amended discrimination laws, captive audience bans, freelance worker protections, and updated leave requirements....more

Moritt Hock & Hamroff LLP

MHH Condo/Co-op Digest Vol. XIV, December 2024

This newsletter explores the emerging legal topics and issues affecting the condominium and cooperative services industry. Thought-leading attorneys from Moritt Hock & Hamroff’s Condominium and Cooperative Services Practice...more

Constangy, Brooks, Smith & Prophete, LLP

San Diego County Fair Chance Ordinance is now in effect

Employer obligations continue to be added in CA! San Diego County enacted the Fair Chance Ordinance for the unincorporated areas of San Diego County,aimed at increasing employment opportunities for individuals with criminal...more

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

U.S. Virgin Islands Enacts Fair Chance for Employment Act

On June 24, 2024, the Legislature of the Virgin Islands overrode Governor Albert Bryan Jr.’s veto of the Fair Chance for Employment Act. The act is intended to prohibit the automatic disqualification of applicants based upon...more

BakerHostetler

San Diego County Law Adds New Background Check Hurdles for Employers

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San Diego County is the latest California county to enact its own Fair Chance Ordinance, the SDFCO. The law applies only in unincorporated areas of San Diego County. The law took effect October 10, but financial penalties for...more

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

San Diego County Adopts Fair Chance Ordinance for Unincorporated Areas: What Employers Need to Know

Following the lead of other California cities and counties, the County of San Diego recently passed a local fair chance ordinance restricting the use of criminal history in employment decisions. Effective October 10,...more

Jackson Lewis P.C.

Labor Board New Fair Choice Rule Loophole for Construction Unions: What Employers Should Know

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The National Labor Relations Board’s Fair Choice-Employee Voice Final Rule, codified at 29 C.F.R. 103.20-21, became effective on Sept. 30, 2024. The Biden Board’s final rule rescinded portions of a Trump-era 2020 rule...more

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