Law and the Workplace

Tag Archives: pre-employment inquiries

[Podcast]: Laws Governing Background Checks for Employers

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 … Continue Reading

Illinois Governor Vetoes Bill That Would Prohibit Employer Inquiry Into Wage History

On August 25, 2017, Illinois Governor Bruce Rauner vetoed a bill that would prohibit employers from asking applicants about their wage histories. The bill, known as the Illinois No Salary History Law, previously had been passed by the Illinois House and Senate with overwhelming bipartisan support (91-24 in the House and 35-18 in the Senate).  The … Continue Reading

Mayor Signs Into Law New York City Bill Restricting Employer Inquiries Into Applicants’ Salary History

New York City Mayor Bill de Blasio has signed into law a bill that will make it unlawful for employers to inquire into or rely upon job applicants’ wage history during the hiring process, with limited exception.  The law will take effect on October 31, 2017. As we previously reported, the law prohibits employers, employment … Continue Reading

Philadelphia Delays Implementation of Ordinance Restricting Employer Inquiries Into Applicants’ Salary History Following Legal Challenge

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 Philadelphia … Continue Reading

Philadelphia The Latest To Restrict Employer Inquiries Into Applicants’ Salary History

Job ApplicationThe City of Philadelphia has passed an ordinance that will make it unlawful for employers to inquire into an applicant’s wage history during the hiring process.  The law, which amends the city’s current Fair Practices Ordinance, will take effect on May 23, 2017. The ordinance states that—absent a federal, state, or local law specifically authorizing the … Continue Reading

Proposed Law Would Prohibit New York City Employers From Inquiring Into Applicants’ Wage History

Job ApplicationNew York City Public Advocate Letitia James has introduced legislation before the City Council that would amend the New York City Human Rights Law to make it an unlawful employment practice for employers to request job applicants’ wage history during the hiring process. The bill would prohibit any employer or employment agency from asking about … Continue Reading

Connecticut and Vermont to Ban the Box in 2017

Job ApplicationBeginning 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

Job ApplicationAustin, 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

NYC Commission on Human RightsAs 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

NYC Commission on Human RightsThe 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

NYC Commission on Human Rights Clarifies Background Screening Laws

NYC Commission on Human RightsOn 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

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

NYCCHR Issues Guidance on Credit Check Law

The New York City Commission on Human Rights (the “Commission”) has just issued guidance in respect of the Stop Credit Discrimination in Employment Act (the “SCDEA”), which goes into effect today and modified the New York City Human Rights Law to place limitations on employers’ ability to conduct credit checks on employees and applicants for employment.  See our previous … Continue Reading

Maine Enacts Social Media Protections for Applicants and Employees

Effective as of October 15, 2015, employers in Maine will be restricted in their ability to access the personal social media accounts of applicants and employees. Specifically, under the new law, an employer may not: Require, coerce or request that an employee or applicant disclose the password for a private social media account; Require, coerce … Continue Reading

Delaware Adds to Growing Patchwork of Social Media Laws

Man using smartphoneOn August 7, Delaware Governor Jack Markell signed a law to prohibit employers from interfering with the personal social media accounts of their prospective and current employees.  The new law, which also took effect on August 7, defines “personal social media” to encompass any account on a social networking site created and operated by a … Continue Reading

NYC Mayor Signs “Ban the Box” Law

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

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

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

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

Oregon Amends Social Media Law

Man using smartphoneAbout two years ago, Oregon enacted a law restricting employers from accessing the personal social media accounts of their applicants and employees.  For more on the law, see our prior client alert. Last week, Oregon’s governor signed a bill to broaden the protections of the state’s social media law.  The amendment takes effect January 1, … Continue Reading

Cook County, Illinois Amends Human Rights Ordinance To Limit Credit Checks

Cook County, Illinois enacted a bill (No. 15-3088) that amends the Cook County Human Rights Ordinance to restrict employers from asking about or otherwise considering a prospective or current employee’s credit history in employment decisions.  The new ordinance took effect yesterday.  It is nearly identical to laws in Illinois and Chicago that were enacted a … Continue Reading

“Ban the Box” Trend Continues Across the Country

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

California Court Dismisses FCRA Class Action Against LinkedIn

Man using smartphoneIn recent years, the Fair Credit Reporting Act (FCRA) has become the focus of increasing litigation.  By way of background, FCRA regulates consumer reporting agencies (CRAs) that assemble or evaluate “consumer reports” for employers on the “character, general reputation, personal characteristics, or mode of living” of prospective and current employees.  In the course of furnishing … Continue Reading

NYC Mayor Signs Law Banning Credit Checks

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
LexBlog