The Risks in Background Checks
Current Trends in FCRA Litigation - The Consumer Finance Podcast
AGG Talks: Background Screening - Ban the Box and Fair Chance Hiring Laws: The Year in Review
AGG Talks: Background Screening - Redaction of Identifiers by the Courts Update, Breaking News from California
AGG Talks: Background Screening - Redaction of Identifiers by the Courts in Michigan and California Pose Challenges for Background Checks
When is an offense a covered “offense” under the Wisconsin Fair Employment Act’s (WFEA) prohibition against arrest record discrimination? This was the question answered by the Wisconsin Court of Appeals in its recent decision...more
Many employers undertake routine background checks as part of their hiring process. To be effective, of course, the process has to be completed in a timely manner....more
California employers, beware: The Department of Fair Employment and Housing (DFEH) announced a new initiative to crack down on violations of the Fair Chance Act. ...more
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...more
Companies that hire employees and engage independent contractors in California should brace for a significant slowdown in background checks that include criminal record searches in California state courts....more
The California Court of Appeal has ruled that date of birth and/or a driver’s license number cannot be used to identify individuals in an electronic search of the criminal index of court records. All of Us or None v....more
As we previously discussed, Illinois has moved beyond “ban-the-box” and now significantly restricts employers’ ability to consider criminal convictions when making employment decisions. (For more details see our employer’s...more
On March 23, 2021, Governor Pritzker signed into law amendments to the Illinois Human Rights Act (IHRA) that substantially limit employers’ ability to consider an applicant or employee’s criminal history. ...more
On March 23, 2021, Governor J.B. Pritzker signed a bill (SB1480) that amends the Illinois Human Rights Act (IHRA) to, among other things, impose new requirements on employers that perform criminal history checks on their...more
Hawaii has long had a law limiting the discretion that employers have to consider older conviction records in making employment decisions. Effective September 15, 2020, SB 2193 prevents most private sector employers from...more
Seyfarth Synopsis: As the number of class actions alleging FCRA violations continues to skyrocket, it is critical for California employers to understand the basics of all laws affecting employment screening programs. This...more
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
If your business operates in Maryland, you need to be aware of SB 839, a law that took effect February 29, 2020. SB 839 prohibits employers with 15 or more full-time employees from asking job applicants about their criminal...more
Many states and localities have been adopting “ban-the-box,” prohibiting employers (including private employers) from asking applicants to disclose information concerning their criminal histories prior to an initial interview...more
With the start of a new year—and a new decade—employers in San Francisco, California, Waterloo, Iowa, and Grand Rapids, Michigan, must follow new “ban-the-box” laws restricting their use of criminal records in hiring and...more
Maryland employers with 15 or more employees are prohibited from inquiring about a job applicant’s criminal history during early stages of the hiring process. ...more
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
During the 2019 legislative session, Governor Larry Hogan vetoed the Criminal Records Screening (or “Ban-the-Box”) Act. On January 30, 2020, however, the Maryland General Assembly overrode the governor’s veto, making it...more
Seyfarth Synopsis: California’s ban-the-box law strictly regulates how employers may obtain and consider background check information when hiring and making personnel decisions. What’s more, Los Angeles and San Francisco have...more