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In this episode of The Proskauer Brief, senior counsel Harris Mufson and associate Michelle Gyves discuss the main laws governing background checks for employers. We will discuss how employers can utilize the federal Fair Credit Reporting Act (FCRA) to conduct pre-employment background checks on candidates. In addition to FCRA, we also discuss how “ban the box” and credit check laws play a role in screening potential employees. Be sure to tune in for more information on how these laws can affect both employers and candidates.

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Philadelphia has indefinitely delayed implementation of its new ordinance that that will make it unlawful for employers to inquire into an applicant’s wage history during the hiring process.

As we previously reported, the law was scheduled to take effect on May 23, 2017.  However, on April 6, 2017, the Chamber of Commerce for Greater…

Massachusetts has passed an amendment to the state’s equal pay law aimed at strengthening prohibitions on gender discrimination in the payment of wages for comparable work. The new bill, signed by Governor Charlie Baker (R) this week and effective starting in July 2018, provides a definition of “comparable work” for purposes of analyzing pay equity…

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

…

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…

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…