Law and the Workplace

Tag Archives: background check

Proposed Legislation Limiting Inquiries into an Applicant’s Criminal History Prior to an Offer of Employment Introduced in the New York State Legislature

By Evandro Gigante, Laura Fant and Margo Richard on Posted in Hiring/Background Checks
On February 7, 2023, Bill No. A03726 was introduced before the New York State Assembly which, if passed, would prohibit employers from inquiring about or making statements regarding “the arrest record or conviction record of any person who is in the process of applying for employment or interviewing for employment with such employer.” This proposed … Continue Reading

Massachusetts Modifies “Ban the Box” Law

By Laura Franks, Mark W. Batten and Samantha Regenbogen Manelin on Posted in Hiring/Background Checks
Massachusetts Governor Charlie Baker recently signed Senate Bill No. 2371, “An Act Relative to Criminal Justice Reform,” into law. The law will go into effect October 13, 2018.  Among the Act’s extensive criminal justice reform provisions are several important modifications to the “Ban the Box” anti-discrimination laws, outlined below, which will further restrict Massachusetts employers’ … Continue Reading

New York Court of Appeals Clarifies Application of New York’s Criminal History Discrimination and “Aiding and Abetting” Provisions

By Joseph Baumgarten and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
In Griffin v. Sirva, Inc., the New York Court of Appeals held that while only “employers” may be liable for criminal conviction history discrimination under Section 296(15) of the New York State Human Rights Law (“NYSHRL”), a covered employer may extend beyond a worker’s direct employer to also include entities that exercise “order and control” … Continue Reading

2015 Year in Review—the Top 10 Trends in New Jersey Employment Law

By Catherine Pontoriero, Joseph O’Keefe and Esther Pak on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Litigation and Arbitration, Wage and Hour, Whistleblower
In 2015, there were important developments in New Jersey employment law. This newsletter examines some of those developments in ten key areas— background checks, whistleblowing, paid sick leave, wage and hour, Law Against Discrimination (“LAD”) litigation, arbitration, workplace injury, “Faithless Servant” Doctrine, Family Medical Leave Act, and Title VII of the Civil Rights Act of … Continue Reading

EEOC issues New Guidance on Credit Checks

By Katharine Parker on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
The EEOC’s March 10, 2014, release of guidance on background checks is proof positive that the agency is continuing its focus on aspects of the hiring process that it believes might have an adverse impact on protected groups.  Its latest guidance, issued jointly with the Federal Trade Commission (“FTC”) however, recognizes that background checks remain … Continue Reading
LexBlog

This website uses third party cookies, over which we have no control. To deactivate the use of third party advertising cookies, you should alter the settings in your browser.

OK