Law and the Workplace

Tag Archives: employment applications

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

NJ Supreme Court to Rule on SOL Waiver

Last week, the New Jersey Supreme Court agreed to address whether to uphold a provision in a job application that limited the time in which an employee could sue the company to no more than 6 months after an alleged adverse employment action, notwithstanding a longer statute of limitations (in this case, the 2-year SOL … 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

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

Chicago Proposes “Banning the Box”

Only a few months after Illinois “banned the box” for private employers, Chicago’s city council has proposed to do the same.  “Ban the box” refers to a movement that seeks to remove the check box from job applications asking whether or not the applicant has a prior criminal history.  Like the Illinois law, Chicago’s proposal … 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

New Jersey Court Okays Provision in Job Application Reducing Statute of Limitations

In Rodriguez v. Raymours Furniture Co., Inc., No. A-4329-12T3, 2014 WL 2765273 (App. Div. June 19, 2014), New Jersey’s Appellate Division upheld a provision in a job application that limited the time in which an employee could sue the company to no more than six months after an alleged adverse employment action. This is the … Continue Reading

Sixth Circuit Affirms Summary Judgment Against EEOC in Credit Check Suit

In Equal Employment Opportunity Commission v. Kaplan Higher Education Corp., the U.S. Court of Appeals for the Sixth Circuit affirmed the award of summary judgment against the EEOC in its suit alleging that Kaplan’s use of credit checks disparately impacted African-American applicants in violation of Title VII of the Civil Rights Act of 1964. Read … Continue Reading

Wisconsin Latest State to Provide Social Media Protections to Applicants and Employees

On April 10, 2014, a new Wisconsin law took effect to prohibit employers from requiring or requesting that prospective and current employees disclose usernames and passwords for their personal Internet accounts. 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

NH Senate Votes to Ban Credit Checks

On March 13, 2014, the New Hampshire Senate voted to limit the use of credit checks in hiring and personnel decisions.  The legislation (SB 295) is not solely prohibitive, as an employer may consider credit history where otherwise required under state or federal law, or where there is a bona fide purpose that is substantially … Continue Reading

Background Check Guidance from the FTC

On March 10, 2014, the Federal Trade Commission and the Equal Employment Opportunity Commission jointly issued two short guides on the use of background checks in hiring and personnel decisions. This alert addresses the guides as well as the ongoing roles of these agencies in monitoring employment-related background checks and enforcing applicable laws. Read the full … 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

Maine Revises State FCRA to be More Consistent with Federal Law

On June 11, 2013, Maine’s governor signed LD 1410 to update the state’s consumer reporting law by adopting, in large part, the provisions of the federal Fair Credit Reporting Act (“FCRA”). Even with this harmonization, the revised Maine FCRA contains certain state-specific obligations(1) and sets forth slightly different enforcement and remedial schemes than its federal … Continue Reading
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