News & Analysis as of September 23, 2024

Ban the Box

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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 -

The Department of Fair Employment and Housing Ramps Up Enforcement of California’s “Ban-the-Box” Law

Sheppard Mullin Richter & Hampton LLP on 12/9/2021

The California Department of Fair Employment and Housing (“DFEH”) recently announced a new effort to identify and correct violations of the Fair Chance Act. The Fair Chance Act, which was enacted in January 2018 and is...more

Philadelphia Enacts Amendments to and Expands Coverage of its Background Screening Ordinances

Littler on 1/27/2021

For years, Philadelphia has maintained ordinances substantially restricting employers’ use of criminal record and credit histories in employment screening. These regulations are in addition to, not in lieu of, the federal...more

EEOC Chair Janet Dhillon’s Announcement Of Strategic Priorities: A New Era Of Transparency For The Commission?

Seyfarth Shaw LLP on 2/6/2020

Seyfarth Synopsis: On February 4, 2020, EEOC Chair Janet Dhillon’s released a list of priorities for the Commission in 2020. While the priorities primarily focus on continuing to seek justice for workers raising claims of...more

2018 California Employment Legislation and Regulatory Update

Jones Day on 3/2/2018

The California Legislature in 2017 adopted multiple statutes that increase the complexity and scope of employment regulation. Most notable was the passage and signing of Assembly Bill 168, which prohibits employers from...more

New California Labor and Employment Laws for 2018

Holland & Knight LLP on 12/14/2017

• The California Legislature passed numerous labor and employment bills that Gov. Jerry Brown signed into law in 2017. • Many of the new laws relate to wages and hours, leaves and benefits, hiring practices, health and...more

WPI State of the States — Legislative Proposals Are Taking Root

Littler on 5/2/2017

As April showers turn into May flowers, measures proposed earlier this year in the state legislatures begin to take root. Significantly fewer generally applicable labor and employment bills were introduced in April, around 60...more

California Further Limits Use of Criminal Background Information

Proskauer - California Employment Law on 3/7/2017

California’s Fair Employment and Housing Council (“FEHC”) has finalized new regulations further limiting employers’ ability to consider criminal history when making employment decisions. The new FEHC regulations, which are...more

California Employers Are Subject to New Requirements When Using Criminal History Information

Littler on 2/22/2017

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights...more

Workplace Policy Institute Insider Report - January 2017

Littler on 1/9/2017

Littler's Workplace Policy Institute Insider Report details notable labor, employment, and benefits news and events at the federal, state, local, and global levels. The January edition of the Insider Report reviews what...more

The Employment Law Authority - July/August 2016

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/14/2016

On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) granted Plaintiffs’ Motion for a Preliminary ...more

Labor & Employment Issues Facing the Healthcare Industry

Littler on 4/12/2016

Public discourse on "healthcare" has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical...more

New York City Severely Limits Employers' Right to Background Checks - Recent Legislation "Bans the Box" and Forbids Credit Checks...

Holland & Knight LLP on 10/23/2015

Employers in New York City (NYC) now face restrictions on the types of information they can seek about prospective employees, either through job applications, interviews, independent research or background checks. This is due...more

EEOC Settles Background Check Litigation with BMW, But Also Faces Steep Attorneys’ Fees in Freeman Case

Littler on 9/23/2015

After several high-profile setbacks in disparate impact discrimination lawsuits challenging criminal record screening policies, the EEOC has entered into a settlement (consent decree) in one of its few remaining cases, a...more

State Appellate Court Considers Employer’s Duty to Conduct Criminal Background Checks

Littler on 9/16/2015

In the last few years, there has been a significant spike in the number of lawsuits challenging employer use of criminal background checks, including class action lawsuits brought under the federal Fair Credit Reporting Act. ...more

That is SO last week - August 2015

Zelle LLP on 8/4/2015

Last week, the world mourned Cecil the Lion, and all eyes were on the Minnesota dentist who killed him. The scrutiny of the dentist unearthed, among other things, a sexual harassment complaint lodged against him by a former...more

Background Screening Companies May Now Report Convictions Older Than Seven Years in Nevada

Littler on 6/25/2015

Under the federal Fair Credit Reporting Act (FCRA), background screening companies (or consumer reporting agencies) are generally prohibited from reporting certain types of derogatory information that the FCRA considers to be...more

New York City – Ban the Box Plus Measure

Arnall Golden Gregory LLP on 6/16/2015

New York City passed a local law to amend its administrative code to prohibit employment discrimination based on one’s arrest record or criminal conviction. Employers and background screeners take note. The legislation, the...more

New York City “Bans the Box”—Inquiries Into Applicants’ Criminal Histories Now Significantly Restricted

Orrick - Employment Law and Litigation on 6/15/2015

On June 10, 2015, the New York City Council passed the Fair Chance Act (the “Act”), which prohibits employers from inquiring into the criminal backgrounds of applicants in the initial stages of the employment application...more

“Ban the Box” Trend Continues Across the Country

Proskauer - Law and the Workplace on 5/22/2015

The “ban the box” movement—which seeks to remove questions about criminal history from an employer’s initial employment application—continues to cut across geographic and political divides. In March and April, we blogged...more

"'Ban the Box' Initiatives: Removing Conviction Histories From Employment Applications"

Skadden, Arps, Slate, Meagher & Flom LLP on 2/3/2015

The use of criminal records in the hiring process has received a great deal of attention in recent years. The Equal Employment Opportunity Commission issued guidance in 2012 requiring employers to demonstrate that conviction...more

2015 Labor and Employment Law Checklist

Levenfeld Pearlstein, LLC on 1/29/2015

Each year, LP’s Labor & Employment Practice Group is pleased to provide a short checklist of steps that all companies should consider taking to measure their readiness for the coming year. We hope that you find this 2015...more

Wanted: Applicants With A Criminal History And An Unprofessional Hairstyle

Bradley Arant Boult Cummings LLP on 11/27/2013

A combination of recent enforcement efforts by the Equal Employment Opportunity Commission (EEOC) and state-level legislators has employers scratching their heads about what they can and cannot consider when making hiring...more

Criminal Background Checks: EEOC Enforcement and Ban-the-Box Update

Bradley Arant Boult Cummings LLP on 6/28/2013

The EEOC last year took a new step toward attempting to limit criminal background checks by employers. Recently the EEOC filed two well-publicized lawsuits alleging race discrimination against two different employers for...more

EEOC Takes Aim at First Targets since Locking Down Employers’ Use of Arrest/Conviction Information

K&L Gates LLP on 6/26/2013

On June 11, 2013, the Equal Employment Opportunity Commission filed its first two lawsuits asserting that an employer’s use of felony conviction records to disqualify employees and applicants runs afoul of Title VII because...more

The EEOC Aggressively Pursues Criminal Background Check Policies

Orrick - Employment Law and Litigation on 6/14/2013

On June 11, 2013, the Equal Employment Opportunity Commission (“EEOC”) filed two separate lawsuits against Dollar General and BMW Manufacturing Co. LLC, accusing each company of discriminating against Black job applicants...more

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