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Hiring & Firing › Criminal Convictions

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Hinshaw & Culbertson - Employment Law...

The New York Clean Slate Act Goes Into Effect: What Employers Need to Know

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On November 16, 2024, the New York Clean Slate Act (the "Act") went into effect. Under the Act, certain conviction records will be automatically sealed from public access after a specified time period. The New York State...more

ArentFox Schiff

New York’s Clean Slate Act Limits Consideration of Most Criminal Convictions for Employers Running Criminal Background Checks

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On November 16, New York’s Clean Slate Act took effect. The purpose of the Act is to aid in curbing discrimination in the workplace against individuals with certain New York State criminal convictions. As discussed below, the...more

Littler

New York State Clean Slate Act Takes Effect this Saturday, November 16, 2024

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The New York State Clean Slate Act (“Clean Slate Act”) takes effect Saturday, November 16, 2024. Littler previously summarized the requirements of the statute when it passed the state legislature and was signed by Governor...more

Littler

(Allegedly) Criminal Employees: How to Handle the Related HR Issues in the UK

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How should an employer respond when an employee is accused, charged, or convicted of a crime? ...more

Jackson Lewis P.C.

FDIC Revises Section 19 Regulations for Institutions Hiring Persons Convicted of Certain Crimes

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The Federal Deposit Insurance Corporation (FDIC) has revised its regulations on Section 19 of the Federal Deposit Insurance Act to conform with the previously enacted Fair Hiring in Banking Act (FHBA). The FHBA paved the way...more

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

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

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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

Littler

The FDIC Proposes Revised Regulations Concerning Section 19 of the Federal Deposit Insurance Act to Conform to the Fair Hiring in...

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On November 14, 2023, the Federal Deposit Insurance Corporation (FDIC) published proposed revised regulations concerning Section 19 of the Federal Deposit Insurance Act, 12 U.S.C. § 1829 (“Section 19”), to conform with the...more

Roetzel & Andress

Changes to Ohio Rule Regarding Employment of Licensed Individuals with Certain Criminal Convictions in Schools

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Major changes have been made to Ohio Administrative Code Rule 3301-20-01 entitled “Employment of individuals in positions that require a license and licensure of individuals with certain criminal convictions or other...more

Husch Blackwell LLP

Risk of Using Third-Party Job Posting Sites

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Third-party job posting sites such as Indeed, Job Recruiter, etc., can be an easy and efficient way for employers to fill positions with quality candidates; however, Wisconsin employers, including out-of-state employers with...more

Fox Rothschild LLP

Illinois Employers Must Act to Comply With New Equitable Employment Laws

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Since Gov. J. B. Pritzker signed Senate Bill 1480 (the Act) on March 23, 2021, the standards for employers have been raised for both hiring and employment practices. The Act incorporated significant changes to the Illinois...more

Harris Beach Murtha PLLC

What Connecticut’s Expanded Clean Slate Law Means for Employers

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On January 1, 2023, Connecticut Public Act No. 21-32[1] the “Clean Slate” law expanded protections for applicants and employees with criminal records. Employers are prohibited from requesting information about, making hiring...more

Jenner & Block

Department of Justice Prosecutions in Employment-Related Antitrust Suits Fall Flat in DaVita Inc. and Jindal

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Juries Acquit Criminal Antitrust Defendants of All Charges - This month, federal juries acquitted defendants facing criminal antitrust convictions in two trials against employers accused of improperly restraining trade in...more

Quarles & Brady LLP

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

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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

Fox Rothschild LLP

NYC Imposes New Limits On Use Of Criminal History In Hiring And Employment

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Inquiries into the criminal histories of job candidates and employees will be limited even further under amendments to New York City’s Fair Chance Act (FCA) that take effect July 29, 2021. With the FCA’s expanding...more

Jackson Lewis P.C.

New York City Issues Guidance On Fair Chance Act Amendments Effective July 29, 2021

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The New York City Council amended New York City’s Fair Chance Act (FCA) to significantly expand the scope of protections for applicants and employees with criminal charges or arrests. The amendments are effective on July 29,...more

Littler

New Arizona Law Eases Restrictions for Obtaining Occupational Licenses for Those With Criminal Histories

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Arizona Governor Doug Ducey recently signed House Bill 2067 into law amending Arizona Revised Statutes (A.R.S.) Section 13-905, to allow persons convicted of certain criminal offenses the opportunity to set aside a prior...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

Clark Hill PLC

New Amendments to Illinois Laws Impact Illinois Employers

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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

Seyfarth Shaw LLP

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

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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

Troutman Pepper Locke

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

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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

Amundsen Davis LLC

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

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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

Amundsen Davis LLC

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

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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

Littler

Virginia Governor Signs Marijuana Decriminalization Law Containing Employment-Related Provisions

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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

Cozen O'Connor

Court Reverses Foreign National’s FCPA Conviction, Setting a High Bar to Establish an Agency Relationship

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A ruling issued on Wednesday, February 26 by a Connecticut federal court details the type of control necessary to find that a foreign national acted as an agent of a U.S. domestic concern for purposes of falling within the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - February 2020

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This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more

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