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Employment Discrimination Conditional Job Offers

Littler

The County of Los Angeles Will Soon Post Notice and Sample Documents to Comply with the County’s Sweeping Fair Chance Ordinance

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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

CDF Labor Law LLP

LA County Expands California’s “Ban the Box” Effective March 28, 2024

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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

FordHarrison

EntertainHR: No Laughing Matter – A Lesson in Hiring Discrimination from Katt Williams’ Viral Interview

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Comedian and actor, Micah “Katt” Williams has officially broken the internet. Katt’s viral interview on former NFL star Shannon Sharpe’s, podcast, “Club Shay Shay,” has been viewed over 50 million times (and counting)...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York State’s Clean Slate Act to Take Effect on November 16, 2024: 5 Things for Employers to Know

New York has enacted the Clean Slate Act, effective November 16, 2024, which will provide for the automatic sealing of certain criminal history records. Upon sealing, the records will be unavailable to most employers in a...more

Seyfarth Shaw LLP

New York State Enacts Legislation Sealing Criminal Records

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Seyfarth Synopsis: On November 16, 2023, New York became the 12th state to enact “Clean Slate” legislation, which allows certain criminal records to be sealed after an individual is sentenced or released from incarceration,...more

CDF Labor Law LLP

Reminder: October 1 New Requirements For Considering Criminal History in Employment

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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

U.S. Equal Employment Opportunity Commission...

EEOC Issues Federal Workforce Reports Focused on Workers With History of Arrest or Conviction

WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today released two companion reports examining the federal employment of workers with arrest or conviction records. The EEOC developed these reports in...more

Littler

Changes in California’s Regulations Regarding Criminal Records Approved

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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

Littler

Chicago Enacts Amendments to and Expands Requirements of its Criminal History Screening Ordinance

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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

Littler

California Seeks to Ban Criminal Background Checks for Most Private Sector Employers

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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

Littler

Gainesville First City in Florida to Pass Fair Chance Hiring Law Restricting Private Employers’ Use of Criminal History

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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

Littler

Upcoming Changes in California’s Law Regarding Criminal Background Checks

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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

Akerman LLP - HR Defense

Checking Applicant Backgrounds? Be Careful!

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

Quarles & Brady LLP

Wisconsin Supreme Court Clarifies When a Conviction is Substantially Related to An Individual’s Employment

Quarles & Brady LLP on

In a case in which Quarles & Brady’s Bob Duffy and Lindsey Davis were honored to represent Cree, Inc. (“Cree”), on March 10, 2022 the Wisconsin Supreme Court provided long awaited and important guidance concerning when an...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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Wisconsin Supreme Court Overturns Exception for Domestic Violence Crimes Under ‘Substantially Related’ Defense to Discrimination...

On March 10, 2022, the Wisconsin Supreme Court released its decision in Cree, Inc. v. Labor and Industry Review Commission, which provides significant clarity for employers evaluating whether a domestic-related crime of an...more

Littler

Wisconsin Supreme Court Eases the Burden for Employers Defending Arrest and Conviction Record Discrimination Claims Under State...

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The Wisconsin Fair Employment Act (WFEA) prohibits employers from discriminating against applicants and employees on the basis of their arrest and conviction records. Generally, an employer cannot make decisions on the basis...more

Dentons

HR Quick Take: Ban the Box

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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

Manatt, Phelps & Phillips, LLP

Convicted Murderer Survives Motion to Dismiss in Hiring Suit

Employers in New York may be liable for the failure to hire a convicted murderer, a federal court judge in the state ruled, refusing to dismiss a proposed class action. Henry Franklin was convicted of second-degree murder...more

Arnall Golden Gregory LLP

Federal Government’s “Ban the Box” Policy in Effect

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

Venable LLP

The Dos and Don’ts of the Candidate Selection Process

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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

Proskauer - Law and the Workplace

Philadelphia Enacts Ordinance to Prohibit Pre-Employment Marijuana Testing

Effective January 1, 2022, Phila. Code § 9-5500 now prohibits Philadelphia employers from requiring job applicants to submit to pre-employment drug tests for marijuana use. Specifically, the ordinance makes it an unlawful...more

Manatt, Phelps & Phillips, LLP

California’s DFEH Cracks Down on Fair Chance Act Violations

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

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 - Law and the Workplace

NYC Commission on Human Rights Issues Updated Enforcement Guidance on Consideration of Criminal History in Hiring and Employment

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

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