News & Analysis as of

Criminal Background Checks Regulatory Requirements

Troutman Pepper

New Jersey AG Cracks Down on Bumble for Allegedly Misrepresenting Criminal Background Checks Policy

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New Jersey Attorney General (AG) Matthew J. Platkin and the Division of Consumer Affairs (Division) took action against the popular dating app company, Bumble, Inc., for alleged violations of the state’s consumer protection...more

Littler

County of Los Angeles Enacts a Sweeping Fair Chance Ordinance for the Unincorporated Areas of the County that Far Exceeds Federal...

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In 2016, the City of Los Angeles enacted a detailed fair chance hiring ordinance.  A comprehensive statewide law followed in 2017. Soon, employers with jobs located in the unincorporated areas of the County of Los...more

McDermott Will & Emery

New FEHA Regulations Alter How, When Employers Can Consider Applicant’s Criminal Histories

McDermott Will & Emery on

The California Civil Rights Council (CRD) (formerly the DFEH) has issued new regulations that modify the Fair Employment and Housing Act (FEHA), the law that governs how and when California employers can consider a job...more

Littler

Bill Seeks to Alleviate the Slowdown of Criminal Background Checks in California

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Background check industry groups have mounted a full-court press to remedy the recent slowdown in criminal record searches in California state courts caused by last year’s court of appeal decision in All of Us or None v....more

Littler

Another Privacy Headache for California: Court of Appeal Ruling Will Slow Down Criminal Background Checks Throughout California

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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

Proskauer - California Employment Law

New Restriction on Background Checks in California

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

Littler

New Enforcement Guidance Issued for New York City Fair Chance Act as Key Amendments Take Effect

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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

Littler

Illinois Imposes New Criminal History Check Requirements on Employers

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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

FordHarrison

Hulu’s Little Fires Everywhere Takes Liberties with Employee Background Checks

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Background Checks and the FCRA - Generally, employee background checks are covered by the federal Fair Credit and Reporting Act (FCRA). As noted by the Federal Trade Commission (FTC), the FCRA “protects information...more

Seyfarth Shaw LLP

Update #2: Waterloo, Iowa Enacts Ban the Box Restrictions

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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

McNees Wallace & Nurick LLC

Maryland Enacts Ban-the-Box Law: How Your Organization Can Ensure Compliance

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

Pierce Atwood LLP

New England “Ban-the-Box” Trend: Navigating Criminal History Checks in the Hiring Process

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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

Littler

New Year, New Local Ban-the-Box Restrictions on Background Checks

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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

Morgan Lewis

Maryland General Assembly Overrides Governor’s ‘Ban-the-Box’ Veto

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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

Littler

City of Columbia, SC Clarifies Coverage of Criminal Records and Salary History Ordinance

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Last year, the City of Columbia, South Carolina enacted an ordinance that appeared to require substantial changes to private employers’ criminal record and salary history inquiry practices. At the time of enactment, the...more

Littler

Maryland Enacts a Statewide “Ban-the-Box” Law

Littler on

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

Littler

WPI State of the States: New Year, New Legislative Trends

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The year 2020 is already shaping up to be quite active on the employment law front, and a quarter of U.S. states have yet to convene their 2020 legislative sessions. In January, over 800 labor and employment-related bills,...more

Seyfarth Shaw LLP

St. Louis, Missouri Enacts Ban-the-Box Law for Private Employers

Seyfarth Shaw LLP on

Seyfarth Synopsis: St. Louis has become the third locality in Missouri to enact a “Ban the Box” law, joining Kansas City and Columbia. With a January 1, 2021 effective date, covered employers should begin taking steps to...more

Littler

St. Louis Enacts Ban-the-Box Ordinance Applicable to Private Employers

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The City of St. Louis, Missouri enacted a ban-the-box ordinance prohibiting employers within the city from basing promotions or hiring decisions on an individual’s criminal history or a related sentence. The ordinance will...more

Seyfarth Shaw LLP

Ban-the-Box Reaches Federal Civilian and Defense Contractors

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Seyfarth Synopsis: On December 17, 2019, Congress passed "The Fair Chance To Compete for Jobs Act of 2019" (the “Act”) as part of the National Defense Authorization Act. ...more

Seyfarth Shaw LLP

Update: Waterloo, Iowa Enacts Ban the Box Restrictions

Seyfarth Shaw LLP on

Seyfarth Synopsis: Waterloo, Iowa has enacted the state’s first “Ban the Box” Ordinance. UPDATE: The Iowa Association of Business and Industry has filed a lawsuit against the City of Waterloo and the Waterloo Commission on...more

Seyfarth Shaw LLP

UPDATE - Columbia, South Carolina Enacts Ban-the-Box Law for City Employers

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Seyfarth Synopsis: The Columbia, South Carolina Mayor Steve Benjamin has signed a new law prohibiting City employers - but NOT private employers - from inquiring about an applicant’s criminal history until receipt of a...more

Seyfarth Shaw LLP

California Employers Watch Out! Legal Minefields for Background Checks

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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

Lewitt Hackman

California Employer Compliance: New Laws Affect Nearly Every Business

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The 2017-2018 legislative session concluded last month with new laws effecting almost all employers in California. Here’s a summary of the new laws, as well as the bills that would have had a significant impact, but were...more

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