News & Analysis as of September 22, 2024

Criminal Convictions

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New York Governor Signs Clean Slate Law to Seal Older Criminal Convictions

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/28/2023

On November 16, 2023, New York Governor Kathy Hochul signed a bill into law requiring records of certain past criminal convictions to be sealed. The legislation is intended in part to prevent discrimination in hiring against...more

Wisconsin Supreme Court Clarifies When a Conviction is Substantially Related to An Individual’s Employment

Quarles & Brady LLP on 4/8/2022

In a case in which Quarles & Brady’s Bob Duffy and Lindsey Davis were honored to represent Cree, Inc. (“Cree”), on March 10, 2022 the Wisconsin Supreme Court provided long awaited and important guidance concerning when an...more

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

Amundsen Davis LLC on 4/5/2021

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

New Amendments to Illinois Laws Impact Illinois Employers

Clark Hill PLC on 4/1/2021

Newly enacted Illinois laws immediately prohibit employers from using criminal convictions in hiring except in specific situations. Beginning in 2023, the new laws also will require large employers to submit EEO-1 data with...more

Illinois Enacts Law Providing Enhanced Employment Protections to Individuals With Criminal Convictions

Seyfarth Shaw LLP on 3/31/2021

Seyfarth Synopsis: On March 23, 2021, Governor J.B. Pritzker signed into law SB 1480, which includes amendments to the Illinois Human Rights Act prohibiting employment discrimination based on an individual’s conviction...more

Illinois Enacts Sweeping Changes Impacting Employer Use of Criminal Conviction ‎Records with Respect to Applicants and Employees

Locke Lord LLP on 3/29/2021

On March 23, 2021, Illinois Governor J.B. Pritzker signed amendments to the Illinois Human Rights Act (“IHRA”) that are effective immediately and that will impose significant compliance burdens on Illinois employers who...more

NEW ILLINOIS LAW PROHIBITS USE OF CRIMINAL CONVICTIONS: Guide For Employers And Sample Forms

Amundsen Davis LLC on 3/25/2021

As we previously blogged about, the Illinois legislature passed Senate Bill 1480, which, in relevant part, provides that unless otherwise authorized by law, an employer may only consider an individual’s criminal conviction...more

Be Cautious When Using Conviction Records To Make Employment-Related Decisions For Wisconsin Employees

Amundsen Davis LLC on 1/6/2021

A Wisconsin state court recently issued a helpful reminder to employers operating in Wisconsin – and employers with employees working outside of their home state: always check local and state conviction records laws before...more

Virginia Governor Signs Marijuana Decriminalization Law Containing Employment-Related Provisions

Littler on 5/26/2020

On May 21, 2020, Virginia Governor Ralph Northam signed legislation (HB 972/SB 2) to decriminalize simple marijuana possession and prohibit employers from requiring applicants to disclose information related to past criminal...more

What CRAs Must Know: Important FAQs Regarding CFPB’s Recent Action for Employment Background Check Report Violations

ArentFox Schiff on 12/13/2019

Based on the public filing, the Bureau asserted that Sterling was engaged in the business of providing background screening reports as to job applicants to assist employers in hiring decisions. The outcome was an order of $6...more

What’s Up In New Mexico Workplace Law

Holland & Hart - Employers' Lawyers on 6/14/2019

Gov. Michelle Lujan Grisham signed bills into law from the 2019 legislative session that will impact private employers in New Mexico. Below is a summary of several bills that change the law applicable to private employers....more

UK Supreme Court Delivers Blow to Criminal Record Disclosure System

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/22/2019

The UK government has lost its case defending the multiple convictions rule, which requires an individual to disclose all spent convictions if he or she has two or more such convictions. Generally, a conviction becomes...more

Kansas City Decides 2018 Is The Year For Private Employers To “Ban the Box” - 5-Step Plan To Come Into Compliance

Fisher Phillips on 2/9/2018

The City Council in Kansas City, Missouri just passed an extension of its 2013 public sector “ban the box” rule, which will soon be extended to apply to private sector employers. The new ordinance will go into effect on June...more

New York City Finalizes Rules to Interpret the Fair Chance Act

Epstein Becker & Green on 9/5/2017

On August 5, 2017, the final rules (“Final Rules”) interpreting New York City’s Fair Chance Act (“FCA”) took effect—nearly 18 months after the New York City Commission on Human Rights (“Commission”) published proposed rules...more

Ban the Box Legislation: Eclipsing the U.S.

Fisher Phillips on 9/2/2017

Nationwide, there are approximately 29 states and over 150 cities and counties that have adopted some form of “ban the box” legislation. Although the legislation varies from one jurisdiction to the other, typically it...more

N.Y. Appellate Court Scopes Out Liability: Using Criminal Convictions in Employment

Seyfarth Shaw LLP on 1/10/2017

Seyfarth Synopsis: The New York Court of Appeals’ ruling on questions regarding the use of criminal convictions in hiring will impact employers and may impact the background screening industry, the temporary staffing...more

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