Category Archives: Employment Applications

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“Ban the Box” Laws & Workplace Violence: An Employer’s Failure to Sufficiently Perform Background Checks Could Lead To Costly Negligence Liability

Many states and municipalities throughout the country have enacted laws that mandate the removal of criminal conviction history questions from job applications. This so-called “Ban the Box” movement theoretically provides individuals with criminal backgrounds the opportunity to obtain jobs for which they otherwise would not have been considered. But, these laws also provide additional burdens … Continue Reading

Los Angeles Enacts “Fair Chance” Ordinance Prohibiting Criminal History Inquiries Prior To Conditional Offers Of Employment

Following the Los Angeles minimum wage ordinance that was enacted earlier this year, the City of Los Angeles has now enacted another ordinance that will significantly impact employers doing business within city limits.  On December 9, 2016, Mayor Garcetti signed into law the “Fair Chance” ordinance, which significantly limits the ability of Los Angeles employers … Continue Reading

Proposed Federal “Ban the Box” Legislation Receives Bipartisan Support

On September 10, 2015, the Fair Chance Act (the “Act”) was introduced by a bipartisan group of legislators from both houses of Congress. The Act would prohibit federal contractors and agencies from inquiring into an applicant’s criminal history prior to a conditional offer of employment.  The proposed legislation would allow an employer to conduct a … Continue Reading

NYC Council Votes to Sharply Restrict Employer Use of Criminal Background Checks

On Wednesday, June 10, 2015, the New York City Council approved a bill that will strictly regulate how employers in New York City (with at least four employees) may conduct criminal background checks.  Mayor Bill de Blasio is expected to sign the bill, which will go into effect 120 days after enactment.  The bill comes … Continue Reading

NYC Council Votes to Ban Employers from Conducting Credit Checks

On April 16, 2015, the New York City Council (the “Council”) passed a bill (Int. 0261-2014) prohibiting employers from requesting or using the consumer credit history of an employee or job applicant when making employment decisions (the “Bill”).  More specifically, the Bill would make it a discriminatory practice to request or use the consumer credit … Continue Reading

Illinois Becomes The Fifth State To Enact So Called “Ban The Box” Law, Prohibiting Private Sector Employers From Asking About Criminal History

This past Monday, July 21, 2014, Illinois joined Hawaii, Massachusetts, Minnesota and Rhode Island as the fifth State to enact a so called “ban the box” law.  Signed by the Governor, the law will take effect on January 1, 2015.  Called the Job Opportunities for Qualified Applicants Act, the law prohibits private sector employers from … Continue Reading

Is Your Criminal Screening Process Compliant?

An employer’s reluctance in hiring an applicant with a criminal history is understandable and sensible. Employers have an obligation to ensure a safe workplace, can be fined for failing to enact safeguards against workplace violence, and face liability for negligent hiring and retention of employees who commit violence in the workplace. Furthermore, a job applicant’s … Continue Reading

Proposed New York City Bill Would Ban Credit Checks from Hiring Process

On April 11, 2013, the New York City Council’s Committee on Civil Rights debated a proposed bill that would ban employers from using credit checks to evaluate prospective employees. The proposed bill, called the Stop Credit Discrimination in Employment Act (the “SCDEA” and available here), would create a blanket ban on using credit information for … Continue Reading

N.J. Legislature Introduces Legislation Imposing Restrictions on Pre-Employment Inquiries into Criminal History of Applicants

In February 2013, identical bills aimed at reducing pre-employment discrimination against individuals with criminal histories were introduced in the New Jersey Senate and the New Jersey Assembly (S2586 and A3837). Both bills proposed the adoption of the Opportunity to Compete Act (the “Act”) which would impose multiple restrictions and requirements on employers in connection with … Continue Reading

The EEOC Issues Updated Guidance on Employer Use of Arrest and Conviction Records

On April 25, 2012, the United States Equal Employment Opportunity Commission (“EEOC”) issued updated enforcement guidance on employers’ use of arrest and conviction records when making employment decisions under Title VII of the Civil Rights Act of 1964 (“Title VII”). The EEOC’s guidance (the “Guidance”) is intended to codify and build on its prior policies … Continue Reading

New Regulation Clarifies Recordkeeping Rules For Online Job Applications

Within the past several years, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (the “OFCCP”) has promulgated regulations requiring federal contractors to maintain certain employment records for OFCCP compliance monitoring and other enforcement purposes. These regulations also require federal contractors to be able to identify, where possible, the gender, race and ethnicity … Continue Reading
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