Effective September 3, 2024, employers with locations or employees (including remote workers) in the unincorporated areas of Los Angeles County (ULAC) will be subject to a new Fair Chance Ordinance. To say that the new...more
On March 14, 2024, the Massachusetts House of Representatives passed legislation that would prohibit employers from obtaining or using a true credit report for employment purposes. The proposed law, which includes only...more
For many years, California employers have been subject to the state’s Fair Chance Act, which (in a nutshell) requires employers to...more
8/23/2023
/ Adverse Employment Action ,
Background Checks ,
California ,
Civil Rights Act ,
Criminal Background Checks ,
Criminal Records ,
Employees ,
Fair Chance Act ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
State Labor Laws ,
Wage and Hour
Seyfarth Synopsis: Illinois currently has a ban-the-box law restricting employers from asking about criminal history generally until after an interview and the state’s Human Rights Act makes it unlawful for an employer to...more
Seyfarth Synopsis: On March 20, 2020, the Ninth Circuit Court of Appeals held the Fair Credit Reporting Act’s (“FCRA”) standalone disclosure requirement does not allow for the inclusion of any extraneous information in an...more
4/11/2020
/ Background Checks ,
Class Action ,
Corporate Counsel ,
Credit History ,
Criminal Background Checks ,
Disclosure Requirements ,
Employer Liability Issues ,
Employment Application ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Job Applicants ,
Job Offers ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: Waterloo, Iowa has enacted the state’s first “Ban the Box” Ordinance.
UPDATE #2: On April 3, 2020, the lawsuit brought by the Iowa Association of Business and Industry (the “Association”) against the...more
4/10/2020
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Law Violations ,
Labor Regulations ,
Local Ordinance ,
Penalties ,
Regulatory Requirements ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: On January 30, 2020, the Maryland General Assembly voted to override Governor Larry Hogan’s May 2019 veto of the Act Concerning Record Screening Practices (Ban the Box) (the “Act”). As a result, effective...more
2/7/2020
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
General Assembly ,
Governor Vetoes ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: The San Francisco Fair Chance Ordinance (the “FCO”), which was amended as of October 1, 2018, has long required that covered employers provide employees with the Office of Labor Standards Enforcement’s...more
1/24/2020
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Fair Chance Act ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Notice Requirements ,
San Francisco ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: On December 3, 2019, the Appellate Court of Illinois affirmed summary judgment in favor of a public utility company that considered credit checks for individuals applying for a customer service...more
1/14/2020
/ Appeals ,
Confidential Information ,
Credit Checks ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Fair Credit Reporting Act (FCRA) ,
Federal Labor Laws ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
Regulatory Standards ,
Right to Privacy ,
State and Local Government ,
State Labor Laws ,
Summary Judgment
Seyfarth Synopsis: Waterloo, Iowa has enacted the state’s first “Ban the Box” Ordinance....more
11/27/2019
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
State Labor Laws
Seyfarth Synopsis: The Colorado Governor has just signed a new law prohibiting employers from inquiring about an applicant’s criminal history on an initial employment application....more
Seyfarth Synopsis: New Mexico has enacted new legislation which will bring the growing “Ban the Box” to private employers within the state this summer....more
Seyfarth Synopsis: After several years of litigation, in Connor v. First Student, Inc. the California Supreme Court decided that the California Investigative Consumer Reporting Agencies Act (“ICRAA”) was not...more
8/28/2018
/ Appeals ,
Background Checks ,
CA Supreme Court ,
Consumer Credit Reporting Agencies Act (CCRAA) ,
Credit Reports ,
Employer Liability Issues ,
Employment Litigation ,
Investigative Consumer Reporting Agencies Act (ICRAA) ,
Reversal ,
State Labor Laws ,
Summary Judgment ,
Vagueness
Seyfarth Synopsis: Michigan Governor Rick Snyder recently signed a bill that will prohibit counties and cities from enacting “ban-the-box” ordinances or other restrictions on the ability of private employers to inquire about...more
4/26/2018
/ Amended Legislation ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Private Sector ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: The Washington Governor has just signed a new law prohibiting employers from inquiring about an applicant’s criminal history before the applicant is deemed “otherwise qualified” for the position sought. ...more
3/14/2018
/ Ban the Box ,
Conditional Job Offers ,
Corporate Counsel ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: The Spokane City Council recently approved a “ban-the-box” ordinance, which, if it becomes law, will prohibit employers from requesting and considering criminal history until after an interview. The Mayor...more