Employment Applications

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 hiring purposes, with a narrow exception only where employers are required to use such information by state or federal law.
Continue Reading Proposed New York City Bill Would Ban Credit Checks from Hiring Process

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 seeking criminal background information from prospective employees. If the Act is adopted, New Jersey will join a growing list of states, cities, and localities which have passed similar anti-discrimination legislation.
Continue Reading N.J. Legislature Introduces Legislation Imposing Restrictions on Pre-Employment Inquiries into Criminal History of Applicants

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 concerning employers’ use of criminal records. Nevertheless, the Guidance, which is effective immediately, supersedes the EEOC’s prior policies on this issue.
Continue Reading The EEOC Issues Updated Guidance on Employer Use of Arrest and Conviction Records

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 of each applicant for employment. On October 7, 2005, the OFCCP issued a new regulation amending those recordkeeping requirements with respect to internet-based job applications. The regulation, which will become effective in February 2006, sets forth the first written standard on the definition of “internet application” for the purpose of the OFCCP’s enforcement of non-discrimination laws, and applies to federal contractors who are subject to the OFCCP’s recordkeeping provisions.
Continue Reading New Regulation Clarifies Recordkeeping Rules For Online Job Applications