Compliance Corner

Fair Hiring Laws

Back to Compliance Library
July 31, 2017
Final Regulations Clarifying and Expanding New York City “Ban the Box” Law Take Effect on August 5, 2017

New York City’s Fair Chance Act (FCA), which took effect October 27, 2015, imposes affirmative obligations on covered employers and employment agencies regarding when they may conduct criminal background checks on job applicants, and what process must be followed before making an adverse decision on the basis of an applicant’s criminal history.  It is one…

May 6, 2017
“Who Can It Be Now?” New York’s Highest Court Explains Who May Be Liable For Discrimination Based On A Criminal Conviction

On May 4, 2017, the New York Court of Appeals answered who may be liable under the state’s fair employment law for discrimination based on an individual’s conviction record.  The opinion in Griffin v. Sirva, Inc. is noteworthy because it is increasingly common for more than one company to play a role in criminal background…

March 12, 2017
California Lawmakers Introduce Statewide Ban-the-Box Law

When it comes to legislation restricting employer use of criminal records, California seems to be leading the charge.  In the last six months alone, we have reported on a variety of new laws that apply to California employers that use criminal records in pre-hire and other employment decisions.1 Continuing this trend, on February 16, 2017, five…

February 27, 2017
It’s Not Just a Box: Understanding How “Ban-the-Box” Laws Go Beyond Your Employment Application

In 1998, Hawaii became the first state to “ban the box,” prohibiting private employers from inquiring about a candidate’s criminal history until the employer has made  a conditional offer.  It was not for another 12 years before another state, Massachusetts, followed suit and enacted similar legislation, although the Massachusetts statute permits  employers to ask the…

February 21, 2017
California Employers Are Subject to New Requirements When Using Criminal History Information

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964” (2012 Guidance).  The 2012 Guidance does not prohibit employers from using criminal records, but outlines best practices that the EEOC…

December 9, 2016
City of Los Angeles Mayor to Sign Long-Awaited “Ban the Box” Law

2/24 Update:  The City of Los Angeles Bureau of Contract Administration just posted a “Fair Chance Initiative for Hiring Ordinance (FCIHO) Individual Assessment and Reassessment Form.”  This sample form can be used for both the initial “assessment” of the applicant’s criminal history, and the “reassessment” — which is required only if the applicant submits additional information…

October 3, 2016
California Amends Labor Code to Prohibit Employers from Using Juvenile Records in Employment Decisions

On September 27, 2016, California Governor Jerry Brown signed Assembly Bill No. 1843, which amends the California Labor Code to prohibit employers from considering certain juvenile records for employment purposes.  The amendment is effective January 1, 2017. Subject to certain exceptions, the Labor Code currently makes it unlawful for a private or public sector employer…

June 3, 2016
Connecticut Becomes the Third Jurisdiction in 2016 to “Ban the Box”

On June 1, 2016, Connecticut Governor Dannel Malloy signed a bill into law that prohibits most employers from requesting criminal history information on an initial employment application.  Connecticut’s new “ban-the-box” law follows closely on the heels of similar legislation enacted in Vermont and continues the nationwide ban-the-box trend.1  Indeed, ban-the-box laws have recently been enacted…

May 10, 2016
Vermont Joins the Ranks of Cities and States that “Ban the Box”

On May 3, 2016, Vermont Governor Peter Shumlin signed a bill into law that prohibits most employers from requesting criminal history information on an employment application.  The law adds a new section to the state statutory provisions on “unlawful employment practices.”  Vermont’s new law continues the nationwide “ban-the-box” trend and follows closely on the heels…

Compliance Corner

About Littler:

Checkr, in partnership with Littler, is proud to present relevant, up-to-date news, briefs, and analysis in employment and labor law. Littler is the largest global employment and labor law practice with more than 1,300 attorneys in over 75 offices worldwide.