Tag Archives: conviction

Connecticut and Vermont to Ban the Box in 2017

By Katharine Parker and Michelle Gyves on August 3, 2016 Posted in Hiring/Background Checks

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

Austin, TX Becomes Latest City to Ban the Box for Private Employers

By Michelle Gyves on June 6, 2016 Posted in Hiring/Background Checks, Workplace Policies and Procedures

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

By Katharine Parker and Michelle Gyves on February 17, 2016 Posted in Hiring/Background Checks, Workplace Policies and Procedures

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

By Katharine Parker and Michelle Gyves on February 16, 2016 Posted in Hiring/Background Checks, Workplace Policies and Procedures

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

By Katharine Parker and Michelle Gyves on December 23, 2015 Posted in Hiring/Background Checks, Workplace Policies and Procedures

The past several weeks have seen a flurry of “ban the box” developments, including: The passage of a law in Portland, Oregon banning the box for private employers; The page of amendments expanding the ban the box law in Philadelphia, Pennsylvania; and The publication of regulations regarding New Jersey’s ban the box law. These developments … Continue Reading

NYC Commission on Human Rights Clarifies Background Screening Laws

By Michelle Gyves on November 21, 2015 Posted in Hiring/Background Checks

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

By Katharine Parker and Michelle Gyves on October 26, 2015 Posted in Hiring/Background Checks, Workplace Policies and Procedures

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 Mayor Signs “Ban the Box” Law

By Daniel Saperstein and Katharine Parker on June 29, 2015 Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures

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

By Daniel Saperstein and Katharine Parker on June 26, 2015 Posted in Hiring/Background Checks, Workplace Policies and Procedures

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

By Daniel Saperstein and Katharine Parker on June 25, 2015 Posted in Hiring/Background Checks, Workplace Policies and Procedures

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

NYC “Ban the Box” Bill Heads to Mayor’s Desk

By Daniel Saperstein and Katharine Parker on June 12, 2015 Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures

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

“Ban the Box” Trend Continues Across the Country

By Daniel Saperstein and Katharine Parker on May 21, 2015 Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures

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 about the governors of two Southern states—Republican Governor Nathan Deal of Georgia and Democratic Governor Terrence McAuliffe of Virginia—ordering the removal of the “box” … Continue Reading

NYC Mayor Signs Law Banning Credit Checks

By Daniel Saperstein and Katharine Parker on May 7, 2015 Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures

Yesterday, NYC Mayor Bill DeBlasio signed a bill (Int. 0261-2014) that amends the City’s Human Rights Law to prohibit most employers from inquiring into or considering a prospective or current employee’s credit history when making employment decisions. The law will take effect on September 3, 2015. As we detailed in our prior post, NYC’s new … Continue Reading

Virginia Governor’s Order “Encourages” Private Employers to “Ban the Box”

By Connie Bertram and Daniel Saperstein on April 6, 2015 Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures

Last week, Virginia Governor Terrence McAuliffe signed an executive order “banning the box” on most state employment applications and “encouraging” private employers and government contractors to do the same. “Ban the box” refers to a legislative and executive trend across the country requiring or encouraging employers to delete the “check box” on job applications asking … Continue Reading

Hawaii Supreme Court Says Employer Failed to Establish “Rational Relationship” Between Applicant’s Drug Conviction and Position Sought

By Daniel Saperstein and Katharine Parker on March 24, 2015 Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Litigation and Arbitration, Workplace Policies and Procedures

Hawaii, like some other states, only permits employers to consider convictions that bear a “rational relationship to the duties and responsibilities of the position.” Recently, the Hawaii Supreme Court had occasion to decide an issue that few other courts have addressed—the relationship of an applicant’s drug conviction to the job sought. In Shimose v. Hawaii … Continue Reading

NJ “Ban the Box” Law Takes Effect, “Draft Rule” Proposed

By Daniel Saperstein and Joseph O’Keefe on March 4, 2015 Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures

New Jersey’s so-called “ban the box” law took effect on March 1, preventing most employers in the State from asking about a prospective employee’s criminal history on the initial job application and until after the first interview of the candidate has taken place. For more on the new law, please review our prior client alert. … Continue Reading

Fourth Circuit Affirms Summary Judgment against EEOC in Background Check Suit

By Daniel Saperstein and Katharine Parker on February 23, 2015 Posted in Hiring/Background Checks, Litigation and Arbitration, Workplace Policies and Procedures

Last week, in Equal Employment Opportunity Commission (“EEOC”) v. Freeman, No. 13-2365 (4th Cir. Feb. 20, 2015), the Fourth Circuit affirmed the award of summary judgment against the EEOC in its suit alleging that the defendant’s use of credit and criminal background checks had a “disparate impact” on African-American job applicants in violation of Title … Continue Reading

Michigan Protects Employers from Negligent Hiring and Retention Claims

By Daniel Saperstein and Katharine Parker on January 15, 2015 Posted in Hiring/Background Checks

On January 1, a new Michigan law took effect to protect companies that hire ex-offenders who go on to cause damage or injury during the course of their employment. Louisiana, Georgia, Tennessee, and Texas recently passed similar laws. The Michigan law specifically provides that, in an action seeking damages for personal injury, property damage, or … Continue Reading

New Michigan Law Expands the Types of Criminal Records Applicants & Employees Can Refuse to Disclose to Employers

By Daniel Saperstein and Joseph O’Keefe on January 13, 2015 Posted in Hiring/Background Checks, Workplace Policies and Procedures

Existing Michigan law has served to prevent private employers from considering criminal records “set aside” by law (more commonly known as expungement) in hiring and personnel decisions. An amendment to that law, which took effect on January 12, expands the circumstances under which ex-offenders may seek to set aside their criminal records and, thus, may further … Continue Reading

SEC Approves FINRA Rule Strengthening Background Checks

By Daniel Saperstein and Joseph O’Keefe on January 12, 2015 Posted in Hiring/Background Checks

The Securities and Exchange Commission (SEC) has approved a Financial Industry Regulatory Authority (FINRA) rule requiring member firms to strengthen their background investigation of applicants seeking registration. We have detailed the requirements of the FINRA rule in our previous blog post. The SEC has “accelerated approval” of the rule, though the agency still will accept … Continue Reading

Illinois and Chicago “Ban the Box” Laws Take Effect

By Daniel Saperstein and Nigel F. Telman on January 11, 2015 Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures

Illinois’ and Chicago’s “ban the box” laws took effect on January 1. Both laws prohibit private employers from making criminal inquiries until after an applicant has been notified of his or her selection for an interview (where the employer does not conduct an interview, it must wait until after making a conditional offer). The two … Continue Reading

New Minnesota Expungement Law Helps Protect Employers from Liability

By Daniel Saperstein and Katharine Parker on January 5, 2015 Posted in Hiring/Background Checks

A new Minnesota law that took effect on January 1 expands the opportunities for ex-offenders to expunge their criminal records. In an effort to protect employers who hire employees with expunged records, the new law provides that such records “may not be introduced as evidence in a civil litigation against a private employer . . … Continue Reading

The Top 10 Trends in New Jersey Employment Law in 2014

By John Barry, Joseph O’Keefe, Matthew Engel and Daniel Saperstein on December 31, 2014 Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Hiring/Background Checks, Leaves of Absences, Litigation and Arbitration, Performance Management, Discipline & Termination, Wage and Hour, Workplace Policies and Procedures

2014 was another busy year for developments in New Jersey employment law, including in ten key areas—whistleblowing, pre-employment inquiries/background checks, amendments to the Law Against Discrimination (“LAD”), LAD litigation, wage and hour, the Family Medical Leave Act, sick leave, states of emergency, arbitration, and “unemployment discrimination.” Read our Top 10 newsletter to learn more about … Continue Reading

Background Checks Headline in 2014

By Daniel Saperstein and Katharine Parker on December 23, 2014 Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Litigation and Arbitration, Workplace Policies and Procedures

In 2014, background checks were a hot topic in state and local legislatures. Before this year, only 8 jurisdictions in the country had passed laws preventing private employers from asking job candidates about their criminal histories on an employment application (i.e., “banning the box”). This year alone, however, 9 jurisdictions enacted ban-the-box laws covering private … Continue Reading

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