Law and the Workplace

Tag Archives: criminal history

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

Louisiana Enacts Workplace Protections for Employees Disabled Due to Pregnancy and Limits the Use of Criminal Background Checks in Hiring

By Nicole Eichberger, Margaret Swetman and Eric Novak on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
Louisiana employers should be aware of two new laws which went into effect on August 1, 2021.  The first, Act 393, provides for reasonable accommodations of employees who become temporarily disabled due to certain pregnancy-related medical conditions.  It amends Louisiana Revised Statutes §§ 23:341 and 23:342 and enacts § 23:341.1, which apply to employers who … 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

Addressing and Preventing Workplace Violence

By Katharine Parker and Rachel Fischer on Posted in Workplace Policies and Procedures
The subject of workplace violence has unfortunately made headlines once again after a news anchor and cameraman were killed by a former co-worker in Virginia last week. Employers are understandably concerned and have questions about what they can do to help prevent workplace violence. The Occupational Safety and Health Act (OSHA) requires employers to maintain … Continue Reading
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