How to Conduct Criminal Background Checks the Right Way
Seyfarth Synopsis: Since 2018, California has had a comprehensive Fair Chance Act (CFCA), which places a number of restrictions on employers using criminal history for hiring and other employment purposes. San Francisco and...more
The Los Angeles County Fair Chance Ordinance for Employers (FCOE), which took effect on September 3, 2024, imposes several new compliance requirements regarding the consideration of criminal history in employment decisions....more
Starting after Labor Day, employers with jobs located in the unincorporated areas of the County of Los Angeles, including work-from-home and hybrid positions, must comply with the County’s fair chance hiring ordinance. The...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
Employers need to be vigilant about staying compliant with their hiring practices and background screening. For most organizations, this means not only knowing, but understanding, new regulations and rules coming down from...more
California employers will need to make changes to their background check and criminal history review process thanks to new Fair Chance Act regulations taking effect October 1. You should begin to prepare now for these new...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
Effective December 15, 2022, the city of Gainesville became the first jurisdiction in Florida to restrict the use of pre-employment inquiries into an applicant’s criminal history.1 The City has now joined the dozens of other...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
When Congress enacted the National Defense Authorization Act for Fiscal Year 2020 in December 2019, Congress included the Fair Chance to Compete for Jobs Act of 2019 (the Act). The Act, in relevant part, restricts federal...more
In July 2021, Maine enacted a new “ban-the-box” law that limits employer inquiries into an applicant’s criminal history. Under the new law, entitled “An Act Relating to Fair Chance in Employment,” employers are prohibited...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
Effective July 29, 2021, revisions to the New York City Fair Chance Act (FCA) will impose new requirements on New York City employers who evaluate criminal history information, including pending criminal charges, when making...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
Seyfarth Synopsis: The New York City’s Fair Chance Act amendments are scheduled to go into effect on July 29, 2021, after bill Introduction No. 1314-A became law on January 10, 2021. Among other things, the amendments expand...more
In the fall of 2019, the Waterloo, Iowa City Council approved the state’s first “Ban the Box” ordinance. Generally speaking, that ordinance made it illegal for any employer to ask about an applicant’s criminal history on a...more
On December 10, 2020, the New York City Council amended New York City’s Fair Chance Act (FCA), also known as the “ban the box” law. The recently enacted amendments will take effect on July 29, 2021....more
The New York City Council has amended the Fair Chance Act (FCA) to expand employment protections for job applicants and employees with criminal conviction histories. The amendments became law on January 10, 2021, (upon being...more
The New York City Council has expanded NYC’s Fair Chance Act to further restrict NYC employers from taking adverse actions against applicants or employees based on their criminal history. The law will go into effect on or...more
On December 10, 2020, the New York City Council passed bill Int. 1314-A, which significantly expands the scope of New York City’s “ban-the-box” law, the New York City Fair Chance Act (FCA). The bill would impose significant...more
The California Fair Employment and Housing Act (FEHA), as amended in 2018, restricts a covered employer’s ability to make hiring decisions based on an individual’s criminal history, including but not limited to court records...more
Federal government contractors will need to be aware of the Fair Chance Act, a recently enacted statute that is scheduled to go into effect on December 20, 2021. The Act is a “ban-the-box” law that prohibits covered...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
Private employers with federal contracts will soon be prohibited from requesting criminal history information from candidates at the onset of the hiring process; instead, they will have to wait until after an offer is made....more
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