Law and the Workplace

Tag Archives: conviction

D.C.’s “Ban the Box” Law Takes Effect, OHR Issues Notice of Rights

D.C.’s Fair Criminal Record Screening Act of 2014 took effect on December 17.  The new law prevents employers with 11 or more employees in D.C. from making any criminal inquiries on an initial employment application (i.e., “banning the box”).  Once the employer has extended the applicant a conditional offer of employment, it may inquire into … Continue Reading

Lawsuits Grow Under “Old” Pennsylvania Background Check Law

A growing number of states and localities have enacted laws that restrict employers from considering certain types of criminal records in hiring and other personnel decisions.  Though many of these laws are more recent, Pennsylvania’s Criminal History Record Information Act (“CHRIA”) has been on the books for more than three decades.  The law, which prevents … Continue Reading

NYC Council Debates Expansive “Ban the Box” Bill

A couple of months ago, we blogged about the New York City Council’s general support for a proposal that would effectively ban credit checks in hiring and other personnel decisions.  As the council continues to debate credit checks, it also is considering a mayor-backed proposal (Int. No. 318) that would remove another potential barrier to … Continue Reading

Prince George’s County “Bans the Box”

Add another locality to the growing list that have “banned the box” for private employers.  Starting January 20, 2015, employers with at least twenty-five full-time employees in Prince George’s County (MD) can no longer ask applicants about their criminal records on employment applications (i.e., banning the box) or through another medium (such as a consumer … Continue Reading

San Francisco Issues Guidance for Employers and Contractors on Fair Chance Ordinance

San Francisco has posted FAQs explaining key provisions of the city’s so-called Fair Chance Ordinance (“Ordinance”), which took effect on August 13, 2014.  The Ordinance “bans the box,” prohibiting most private employers and contractors in the city from asking job applicants about their criminal histories until after the first interview or following a conditional offer … Continue Reading

Columbia, Missouri Joins “Ban the Box” Trend

Columbia, Missouri is the latest jurisdiction to “ban the box” by prohibiting private employers from making criminal inquiries on an employment application.  The law, which took effect on December 1, 2014, only allows employers to ask about an applicant’s criminal history after the applicant has received a conditional offer of employment. Despite these prohibitions, the … Continue Reading

Rochester Issues FAQs on Newly Effective “Ban the Box” Ordinance

Rochester recently posted FAQs highlighting key provisions of the city’s “ban the box” ordinance, which takes effect today.  The new law prohibits employers from inquiring into an applicant’s criminal conviction history until after an initial employment interview or following a conditional offer of employment. For more on the Rochester law, see our prior client alert. … Continue Reading

FTC Issues Another Guide on Background Checks

As we reported in our prior alert, in March of this year, the Federal Trade Commission (“FTC”) issued a short brochure—Background Checks: What Job Applicants and Employees Should Know—on the use of background checks in hiring and personnel decisions.  This month, the FTC issued a follow-up guide—Tips for Job Applicants and Employees—that expounds on the … Continue Reading

Montgomery County “Bans the Box”

Montgomery County, Maryland is the latest jurisdiction to “ban the box” by prohibiting private employers from making criminal inquiries on the initial employment application. Montgomery’s new law takes effect on January 1, 2015 and applies to employers with 15 or more full-time employees in the County.  The law covers applicants seeking paid employment or vocational … Continue Reading

Class Action Stretches FCRA’s Limits to Target LinkedIn

With increasing regularity, states and localities have passed laws that limit the ability of private employers to inquire into or otherwise consider the criminal or credit histories of their prospective and current employees.  At the federal level, the Equal Employment Opportunity Commission (EEOC) has continued to pursue litigation against a number of companies on the … Continue Reading

Applicants & Employees Can Refuse to Disclose Expunged Criminal Records Under New Louisiana Law

A new Louisiana law that took effect on August 1 serves to prevent employers from inquiring into an applicant’s or employee’s expunged criminal records.  The law does provide for certain exceptions such as where the position requires supervisory or disciplinary authority over children.  Employers who violate the law are subject to contempt proceedings. As a … Continue Reading

Revocation of Ex-Convict’s Job Offer Did Not Violate State Law, Says PA Court

PhiladelphiaPennsylvania, like many states, has restricted employer use of criminal history in hiring and other employment decisions. Under the Criminal History Record Information Act (CHRIA), Pennsylvania employers may “consider” convictions only if they directly relate to the position for which the applicant seeks employment. In a recent case—McCorkle v. Schenker Logistics, Inc., No. 1:13–CV–3077, 2014 … Continue Reading

D.C. Mayor Signs “Ban the Box” Law

Mayor Vincent Gray has signed the Fair Criminal Record Screening Act of 2014 to prevent most employers in the District of Columbia from asking prospective employees about their criminal history on the initial job application. In “banning the box” for private employment, D.C. joins a growing list of states (Hawaii, Illinois, Massachusetts, Minnesota, New Jersey, and Rhode Island) and … Continue Reading

New Jersey Bans the Box for Private Employers

Governor Christie has signed The Opportunity to Compete Act, which takes effect March 1, 2015 and prevents many private employers in the State of New Jersey from asking prospective employees about their criminal history on the initial job application. In “banning the box” for private employment, New Jersey joins only a handful of states (Hawaii, Illinois, … Continue Reading

Wall Street Journal: San Francisco Handcuffs Employers to Give Ex-Cons a Break

Businesses have a strong interest in protecting their employees and customers from criminals. Moreover, a number of federal and state laws require employers to run criminal background checks on job applicants and, in some cases, to disqualify them based on a past arrest or conviction. To see the full article in the Wall Street Journal, … Continue Reading

New Illinois “Ban the Box” Law Covers Private Employers

Governor Quinn has signed the Job Opportunities for Qualified Applicants Act (the “Act”), which takes effect January 1, 2015 and prevents private employers from asking an applicant about his or her criminal history on the initial job application. In “banning the box” for private employment, Illinois joins only a handful of states (Hawaii, Massachusetts, Minnesota, and Rhode … Continue Reading

Tennessee Enacts Trio of Employment Laws

Tennessee’s governor recently signed three new employment laws. The first, a social media law, takes effect on January 1, 2015,and provides applicants and employees with social media protections similar to those in fifteen other states.The second, a negligent hiring and retention law, designed to provide a measure of protection to employers that hire and retain … Continue Reading

New Georgia Law Helps Protect Employers from Negligent Hiring and Retention Claims

On April 13, 2014, Georgia’s governor signed SB 365 to, in part, protect employers that hire and retain employees with criminal convictions. Read this alert to learn more about the new law.   Read the full text of this alert.… Continue Reading

San Francisco Releases “Ban the Box” Notice for Posting and Distribution

San Francisco’s new Fair Chance Ordinance (“FCO”) “bans the box” and otherwise restricts private employers and City contractors from inquiring into or considering certain criminal offenses when making hiring and personnel decisions. One of the requirements of the FCO is for employers and contractors to post and distribute a written notice of rights, which San … Continue Reading

Employers Beware: N.Y. AG Takes on CRAs, Forewarns Heightened Article 23-A Enforcement

It is well known that Article 23-A of New York’s Correction Law requires employers to consider several mitigating factors before taking adverse action against a job applicant based on a past conviction.  Recently, four of the nation’s largest consumer reporting agencies (CRAs), which regularly run criminal background checks on behalf of employers, came under fire … Continue Reading

California Further Restricts Employer Use of Prior Convictions in Hiring Decisions

On October 10, 2013, Governor Jerry Brown approved S.B. 530 to further limit public and private employers from inquiring into or otherwise considering certain types of criminal convictions. This alert examines the new law, which takes effect January 1, 2014. Read the full text of this alert.  … Continue Reading

Rhode Island Fourth State To “Ban the Box” for Private Employers

The Governor of Rhode Island recently signed a law to prohibit employers from asking job applicants about their criminal conviction history until the first interview. In “banning the box” for private employers, Rhode Island joins Hawaii, Massachusetts, and Minnesota, as well as the cities of Seattle, Washington; Buffalo, New York; Philadelphia, Pennsylvania; and Newark, New … Continue Reading
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