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

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

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

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