Law and the Workplace

Category Archives: Hiring/Background Checks

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EEOC and the DOJ Issue Guidance for Employers Using AI Tools to Assess Job Applicants and Employees

By Joseph O’Keefe, Edward Young and Dixie Morrison on Posted in Hiring/Background Checks
artificial intelligenceEmployers are more frequently relying on the use of Artificial Intelligence (“AI”) tools to automate employment decision-making, such as software that can review resumes and “chatbots” that interview and screen job applicants. We have previously blogged about the legal risks attendant to the use of such technologies, including here and here. On May 12, 2022, … Continue Reading

UPDATED: NYC Council Approves Salary Disclosure Law Amendment to Delay Effective Date

By Allan Bloom, Evandro Gigante and Laura Fant on Posted in Hiring/Background Checks, Workplace Policies and Procedures
Paying Wages***UPDATE: Mayor Adams signed the bill into law on May 12, 2022.  It takes effect immediately.*** The NYC Council has approved a bill to amend the pending New York City pay transparency law that will require employers to disclose salary ranges in job postings.  The bill amends several aspects of the law, including, notably, extending … Continue Reading

NYC Commission on Human Rights Issues Guidance on Salary Disclosure Law

By Allan Bloom, Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
The New York City Commission on Human Rights (NYCCHR) has released a fact sheet providing some additional details and guidance regarding the upcoming salary disclosure law. As we previously reported, the new law will make it an unlawful discriminatory practice under the New York City Human Rights Law (NYCHRL) for a covered employer or its … Continue Reading

Bill Introduced to Amend (and Delay Effective Date of) NYC Salary Disclosure Law

By Allan Bloom, Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
Paying Wages***UPDATE: A revised version of this bill has been approved by the NYC Council.  Read more here.*** A bill has been introduced before the NYC Council that would amend the recently enacted law requiring employers to include salary ranges in job postings. As we previously reported, the new law will make it an unlawful discriminatory … Continue Reading

New York City Council Approves Bill Requiring Including Salary Ranges in Job Postings

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
Paying Wages***UPDATE: The bill was enacted into law on January 15, 2022 upon no action by the Mayor.  The law takes effect on May 15, 2022.*** The New York City Council has approved a bill that would require NYC employers with four or more employees to include in job postings – including those for promotion or … Continue Reading

Louisiana Enacts Workplace Protections for Employees Disabled Due to Pregnancy and Limits the Use of Criminal Background Checks in Hiring

By Nicole Eichberger, Margaret Swetman and Eric Novak on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
Louisiana employers should be aware of two new laws which went into effect on August 1, 2021.  The first, Act 393, provides for reasonable accommodations of employees who become temporarily disabled due to certain pregnancy-related medical conditions.  It amends Louisiana Revised Statutes §§ 23:341 and 23:342 and enacts § 23:341.1, which apply to employers who … Continue Reading

NYC Commission on Human Rights Issues Updated Enforcement Guidance on Consideration of Criminal History in Hiring and Employment

By Evandro Gigante and Laura Fant on Posted in Hiring/Background Checks, Workplace Policies and Procedures
The New York City Commission on Human Rights (the “Commission”) has issued updated legal enforcement guidance on the NYC Fair Chance Act (“FCA”) and employers’ consideration of criminal history in hiring and during employment. The updated guidance, which does not have the force of law but which provides significant insight into the Commission’s interpretation of … Continue Reading

Supreme Court: “Concrete Injury” Required for Standing in Federal Court

By Steven J. Pearlman, Samantha Shear and Edward Young on Posted in Hiring/Background Checks
On June 25, 2021, the United States Supreme Court held that class members who could not establish “concrete harm” flowing from alleged statutory violations of Federal Credit Report Act (“FCRA”) lacked Article III standing to seek relief in federal court. (Transunion LLC v. Ramirez, No. 20-297 (U.S. June 25, 2021). Factual Background Plaintiff alleged that … Continue Reading

New York State Department of Labor Publishes Guidance on Salary History Inquiry Law

By Arielle E. Kobetz, Alex Downie and Evandro Gigante on Posted in Hiring/Background Checks
The New York State Department of Labor (NYSDOL) has published guidance on the state’s salary history inquiry law, which went into effect on January 6, 2020. As we previously reported, the law prohibits employers from: Relying on the wage or salary history of an applicant in determining whether to offer employment to such individual or … Continue Reading

Illinois Enacts Workplace Transparency Act

By Caralyn M. Olie, Edward Young and Steven J. Pearlman on Posted in Hiring/Background Checks, Workplace Policies and Procedures
On August 9, 2019, Illinois Governor Pritzker signed the Workplace Transparency Act (the “Act”) into law.  The Act will apply to all contracts, agreements, clauses, or waivers entered into, modified, or extended on or after January 1, 2020.  Here are the key features with respect to arbitration agreements, employment agreements and separation agreements that Illinois … Continue Reading

Illinois Bans Salary History Inquiries

By Edward Young, H. Ren Morris and Steven J. Pearlman on Posted in Hiring/Background Checks, Wage and Hour, Workplace Policies and Procedures
On July 31, 2019, Illinois Governor J.B. Pritzker signed into law House Bill 834 (the “Bill”), which amends the Illinois Equal Pay Act of 2003 (“IEPA”) to prohibit employers from inquiring into a job applicant’s salary history.  The law becomes effective on September 29, 2019. Prohibition on Salary History Inquiries Illinois’s new ban on salary … Continue Reading

New Jersey Becomes the Latest Jurisdiction to Enact Ban on Salary History Inquiries

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
The push to eliminate inquiries into job applicants’ salary history continues, as New Jersey has enacted a statewide law that will restrict employers from obtaining and utilizing applicants’ salary history information during the hiring process. The new law, which will take effect on January 1, 2020, will make it an unlawful employment practice for any … Continue Reading

Toledo, Ohio Passes Ban on Salary History Inquiries

By Allan Bloom and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
Toledo, Ohio is the latest jurisdiction (and the second city in Ohio) to enact a law that will prohibit employers from asking job applicants about salary history. The ordinance, which is scheduled to take effect on June 25, 2020, will apply to employers with fifteen or more employees in Toledo, and will prohibit such employers and their … Continue Reading

Colorado Enacts Laws Regarding Pay Equity, Salary History and Criminal Background Inquiries

By Allan Bloom and Arielle E. Kobetz on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Wage and Hour, Workplace Policies and Procedures
The Colorado legislature has been quite active in recent weeks, passing several new employment laws, many of which reflect nationwide trends. Among other things, the new laws address discriminatory pay disparities, salary history inquiries and criminal background checks. Pay Disparity Effective January 1, 2021, the Equal Pay for Equal Work Act (the “Act”) will prohibit … Continue Reading

New York State to Enact Ban on Salary History Inquiries

By Arielle E. Kobetz and Evandro Gigante on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
UPDATE: Governor Andrew Cuomo signed the bill into law on July 10, 2019.  The law will take effect on January 6, 2020. In a continuation of its recent legislative push to expand the reach of anti-discrimination laws, New York State is set to be the latest jurisdiction to prohibit employers from asking job applicants and … Continue Reading

Kansas City, Missouri Passes Ban on Salary History Inquiries

By Allan Bloom and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
Kansas City, Missouri is the latest jurisdiction (and the second Midwestern city in recent weeks) to enact a law that will prohibit employers from asking job applicants about salary history. The ordinance, which takes effect on October 31, 2019, will apply to employers in Kansas City with six or more employees, and will prohibit such … Continue Reading

[Podcast]: Medical Marijuana and the Potential NYC New Law

By Evandro Gigante and Harris Mufson on Posted in Hiring/Background Checks, The Proskauer Brief Podcast, Workplace Policies and Procedures
In this episode of The Proskauer Brief, partners Harris Mufson and Evandro Gigante discuss recently passed legislation by the New York City Council, which would prohibit some employers in NYC from requiring job applicants to submit to drug tests for marijuana use. Specifically, the bill would amend the City’s Fair Chance Act to make it … Continue Reading

Washington State Legislature Passes Ban on Salary History Inquiries

By Allan Bloom and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
Washington is poised to become the ninth state to pass a law that would prohibit employers from asking job applicants about their salary history. The state legislature recently passed HB 1696, which would, among other things, prohibit employers from inquiring into the prior “wage or salary history” of an applicant for employment. The bill has … Continue Reading

New York City Council Passes Bill Limiting Pre-Employment Drug Testing for Marijuana

By Evandro Gigante and Jordan Simon on Posted in Hiring/Background Checks, Workplace Policies and Procedures
UPDATE: The bill was enacted on May 10, 2019 and will take effect on May 10, 2020. The New York City Council overwhelmingly passed legislation which would prohibit most City employers from requiring job applicants to submit to pre-employment drug tests for marijuana use. Specifically, the bill would amend the City’s Fair Chance Act to … Continue Reading

Cincinnati, Ohio Passes Ban on Salary History Inquiries

By Arielle E. Kobetz and Evandro Gigante on Posted in Hiring/Background Checks
Cincinnati, Ohio recently became the latest jurisdiction to pass a law that prohibits employers from asking job applicants for their salary history. Under the Prohibited Salary History Inquiry and Use Ordinance (the “Ordinance”), employers with 15 or more employees located within the City of Cincinnati may not ask about or rely on the prior salary … Continue Reading

Suffolk County, New York Enacts Salary History Ban

By Arielle E. Kobetz and Evandro Gigante on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Wage and Hour, Workplace Policies and Procedures
The Suffolk County, NY Legislature has unanimously enacted a bill that will prohibit employers and their agents from inquiring about job applicants’ wage or salary history during the hiring process. The Restricting Information on Salaries and Earnings Act (the “RISE Act”) goes into effect on June 30, 2019. The RISE Act amends the Suffolk County … Continue Reading

Hawaii Enacts Salary History Inquiry Law

By Allan Bloom and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
Hawaii Governor David Ige has signed into law a bill that will restrict employers from inquiring about applicants’ salary history during the hiring process. In addition, the law prohibits employers from retaliating or discriminating against employees for, or restricting employees from, disclosing their own wages or discussing and inquiring about the wages of other employees. … Continue Reading

New Hampshire Expands Protections Against Discrimination to Include Gender Identity

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
gender identityNew Hampshire has enacted a law to prohibit discrimination based on gender identity in employment, housing, and public accommodation. The law, which amends the state’s Law Against Discrimination, takes effect July 8, 2018. The law will make it an unlawful discriminatory practice for an employer to: (i) refuse to hire or employ; (ii) bar or … Continue Reading

Connecticut Enacts Salary History Inquiry Law

By Allan Bloom and Laura Fant on Posted in Hiring/Background Checks, Wage and Hour, Workplace Policies and Procedures
Connecticut Governor Dannel Malloy has signed into law a bill that will restrict employers from inquiring about applicants’ salary history during the hiring process.  The law will take effect on January 1, 2019. Under the law, employers will be prohibited from inquiring or directing a third party to inquire about a prospective employee’s wage history, … Continue Reading
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