The Risks in Background Checks
AGG Talks: Background Screening - Ban the Box and Fair Chance Hiring Laws: The Year in Review
#WorkforceWednesday: COVID-19 Restrictions Tighten, NYC Fair Chance Act, Biden's Budget - Employment Law This Week®
Employment Law Now III-50 - A 50th Birthday Celebration Episode
A large convenience store chain recently learned about the Equal Employment Opportunity Commission’s intention to challenge how employers use arrest and conviction records to make hiring decisions....more
Since California’s enactment of the Fair Chance Act (“Act”) over six years ago, California’s private and county employers with five or more employees have become well-acquainted with the Act’s general prohibition of employers...more
Pennsylvania and Philadelphia recently enacted changes that impact employer criminal background screening. ...more
On October 1, 2023, changes to the Fair Employment and Housing Act regulations that govern how employers can use information about criminal history in employment decisions go into effect, modifying California Code of...more
On October 1, 2023, changes to the Fair Employment and Housing Act (FEHA) regulations that govern how employers can use information about criminal history in employment decisions go into effect, modifying California Code of...more
The California Civil Rights Council previously issued draft revisions to the Fair Employment and Housing Act’s regulations governing inquiries into and consideration of a job applicant’s criminal history in making hiring...more
The City of Chicago recently amended two existing ordinances to provide greater protections for employees in the areas of bodily autonomy and criminal conviction histories. Both the Bodily Autonomy for All Ordinance and the...more
For nearly a decade, Chicago has maintained a “ban-the-box” ordinance restricting employer’s use of criminal records in employment screening. This ordinance largely mirrored the requirements of Illinois’ state-wide Job...more
Existing California law regulates inquiries into and the use of criminal history information in hiring and personnel decisions. Existing California law also substantially impedes the ability of employers (and background...more
The continued filing of lawsuits against employers under the FCRA underscores the need for in-house counsel, Human Resources, and Talent Acquisition to comply with the statute, especially the “pre-adverse action” notice...more
Employers that rely on criminal background checks to vet candidates know all too well that they must comply with a legion of statutes, ordinances, and regulations. On December 15, 2022, the Civil Rights Council (“Council”)...more
Background checks are a great idea—unless you fail to do them correctly. Mistakes can be costly. One online retailer paid $5 million to settle a class action filed by 454,000 job applicants alleging violations of the Fair...more
Q: Ban the Box has been around for several years now, and I know at least one city in Iowa implemented local regulations about background checks. What is the status in Iowa?...more
The federal government is the latest employer to adopt fair chance hiring requirements for certain parts of its workforce and contractors. The goal being to assist qualified workers with a criminal history to compete for...more
The hiring process can be a stressful one, for employers and candidates alike. Employers wish to find the best candidate for the position, while also taking into consideration factors like diversity, cost, and cultural fit. ...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
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 New York City Commission on Human Rights (the “Commission”) has issued updated legal enforcement guidance on the NYC Fair Chance Act (“FCA”) and employers’ consideration of criminal history in hiring and during...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
On July 15, 2021, the New York City Commission on Human Rights (the “NYCCHR” or “Commission”) issued its highly anticipated updated Legal Enforcement Guidance on the Fair Chance Act and Employment Discrimination. ...more
Last month, the new chair of the EEOC, Charlotte A. Burrows, was the keynote speaker at a conference regarding new research on criminal recidivism....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
Executive Summary: On March 23, 2021, Governor J.B. Pritzker signed into law Illinois Senate Bill 1480 which amends the Illinois Human Rights Act, the Illinois Equal Pay Act of 2003, and the Illinois Business Corporation...more
Illinois recently enacted SB 1480 (or “Law”) which, among other measures, effective immediately, places significant restrictions on the ability of Illinois employers to refuse to hire a job applicant or take adverse action...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