Tag Archives: background investigations/checks
[Podcast]: Laws Governing Background Checks for Employers
UPDATE: Philadelphia Law Prohibiting Salary History Inquiries Survives Legal Challenge … For Now
A Pennsylvania federal district court has dismissed a lawsuit seeking to declare unconstitutional a Philadelphia ordinance making it unlawful for employers to inquire into a job applicant’s wage history during the hiring process. As we previously reported, the Chamber of Commerce for Greater Philadelphia (the “Chamber”) sought to enjoin the new city law in April 2017, … Continue Reading
[Podcast] The Proskauer Brief: New York City’s New Salary History Law
Second Circuit Seeks Guidance From NY Court of Appeals on Scope of Liability for Discrimination Based on Criminal Conviction History
The Second Circuit has asked the New York Court of Appeals for guidance on the scope of liability for discrimination based on criminal conviction history under Section 296(15) of the New York State Human Rights Law (“NYSHRL”). Section 296(15) states that it is an unlawful discriminatory practice to deny employment based on past criminal offenses … Continue Reading
Connecticut and Vermont to Ban the Box in 2017
Beginning in 2017, Connecticut and Vermont will become the eight and ninth states to “ban the box” for private employers: Connecticut Effective January 1, 2017, Connecticut employers will be prohibited from requesting criminal history information on an initial application form. Exceptions apply if: the employer is required by federal or state law to inquire about criminal … Continue Reading
Philadelphia, PA Bans Use of Credit Information in Employment Decisions
Effective as of July 7, 2016, amendments to the Philadelphia, PA Fair Practices Ordinance make it an unlawful discriminatory practice for an employer to procure, seek to procure, or use an applicant’s or employee’s credit information in connection with making any decisions relating to an individual’s hire, discharge, tenure, promotion, discipline, or in consideration of … Continue Reading
Austin, TX Becomes Latest City to Ban the Box for Private Employers
Austin, Texas recently became the latest city to “ban the box” for private employers. Under the new law, Austin employers with 15 or more employees may not require an applicant to disclose his or her criminal history prior to extending a conditional offer of employment. The law defines “conditional employment offer” as an offer “that … Continue Reading
Overview of Proposed Fair Chance Act Rules
As mentioned in our recent post, the New York City Commission on Human Rights is proposing to amend its rules to establish various definitions and clarify certain requirements under the Fair Chance Act. Key aspects of the proposed rules include the following: Applicability of the Fair Chance Act Post-Hire: “Applicants” are defined to include both … Continue Reading
NYC Commission on Human Rights Proposes Fair Chance Act Rules
The New York City Commission on Human Rights (the “Commission”) published today a Notice of Public Hearing and Opportunity to Comment on its proposal to amend its rules to establish certain definitions and procedures in connection with the Fair Chance Act. (See our prior blog posts on the Fair Chance Act here, here and here.) … Continue Reading
Ban the Box Update Round Up: Portland, Philadelphia and New Jersey
NYC Commission on Human Rights Clarifies Background Screening Laws
On Thursday, November 19, 2015, Cornell University’s ILR School Labor and Employment Law Program hosted “NYC Ban the Box and Stop Credit Discrimination: A Conversation on Enforcement with the City Commission on Human Rights.” Speaking at the program were Carmelyn P. Malalis, Chair of the New York City Commission on Human Rights (the “Commission”); Paul … Continue Reading
NYCCHR Publishes Pre-Adverse Action Form
New York City’s new Fair Chance Act goes into effect this Tuesday (October 27, 2015). As discussed in our prior posts (here and here), New York employers have long been required – prior to taking adverse action on the basis of an applicant’s criminal record – to engage in a multi-factor analysis under Article 23-A … Continue Reading
NYC Commission on Human Rights Explains New NYC Background Check Laws
We were pleased to host a program this morning on New York City’s two new background check laws, the Stop Credit Discrimination in Employment Act and the Fair Chance Act. Paul Keefe, Supervising Attorney at the NYC Commission on Human Rights gave a detailed presentation on the new laws and clarified the Commission’s interpretation of … Continue Reading
NYCCHR Issues Guidance on Credit Check Law
Maine Enacts Social Media Protections for Applicants and Employees
Delaware Adds to Growing Patchwork of Social Media Laws
On August 7, Delaware Governor Jack Markell signed a law to prohibit employers from interfering with the personal social media accounts of their prospective and current employees. The new law, which also took effect on August 7, defines “personal social media” to encompass any account on a social networking site created and operated by a … Continue Reading
Georgia Enacts “Mini”-FCRA
For more than four decades, the federal Fair Credit Reporting Act (“FCRA”) has regulated consumer reporting agencies (“CRAs”) that furnish consumer reports (i.e., background checks) to third parties such as employers. Over the years, several states have adopted so-called “mini”-FCRAs, including Arizona, California, Maine, Massachusetts, Minnesota, New Jersey, New York, Oklahoma, and Washington. Last week, … Continue Reading
NYC Mayor Signs “Ban the Box” Law
Today, Mayor Bill DeBlasio signed a bill (Int. No. 318) that amends the New York City Human Rights Law (“NYCHRL”) to further restrict employers (with four or more employees) from inquiring into or otherwise considering an applicant’s or employee’s criminal history in employment decisions. The new NYC law will take effect on October 27, 2015. … Continue Reading
Oregon “Bans the Box” for Private Employers
Oregon is the latest state to “ban the box” for private employers. Starting January 1, 2016, an employer may not require an applicant to disclose a criminal conviction on an employment application or at any time prior to an initial interview. If the employer does not conduct an interview, then the employer may not require … Continue Reading
New Nevada Law Expands Employer Access to Conviction Records
While Nevada law does not limit how far back employers can directly ask applicants or employees about their conviction history, for years it has generally prohibited consumer reporting agencies (CRAs) from providing employers with conviction records that are more than 7 years old. Earlier this month, however, Nevada’s governor signed a law (S.B. 409) that removes … Continue Reading
Colorado Supreme Court Okays Discharge of Medical Marijuana-Using Employee
Colorado, like some other states including New York, has a law that generally prohibits an employer from discharging an employee for engaging in lawful activities outside of work. Earlier this week, in Coats v. Dish Network, No. 13SC394, the Colorado Supreme Court affirmed a lower court ruling that the state’s “lawful activities” statute does not … Continue Reading
NYC “Ban the Box” Bill Heads to Mayor’s Desk
On Wednesday, by a 45-5 vote, the New York City Council passed a bill (Int. No. 318) to amend the New York City Human Rights Law (“NYCHRL”) to further restrict employers from inquiring into or otherwise considering an applicant’s or employee’s criminal history in employment decisions. Mayor DeBlasio is expected to sign the bill into … Continue Reading
Oregon Amends Social Media Law
About two years ago, Oregon enacted a law restricting employers from accessing the personal social media accounts of their applicants and employees. For more on the law, see our prior client alert. Last week, Oregon’s governor signed a bill to broaden the protections of the state’s social media law. The amendment takes effect January 1, … Continue Reading
