Client Portals
Although criminal histories can be among the most important for identifying potentially problematic employees, recent EEOC Guidelines elaborate on the use of criminal histories in hiring practices, and should not be ignored. These guidelines have made it incumbent…
Many businesses mistakenly believe that the FBI database is the “gold standard” for identifying those with criminal records. But, the FBI database only includes criminal records that have a fingerprint associated with them, and many from the state or county level do…
As drug legalization gains traction across the U.S., drug testing laws vary by state. Only five states have strong workplace drug testing legislation, and 11 states lack any laws on the matter. Since 2012, 19 states, plus Washington, D.C., have legalized recreational…
Washington’s House passed Bill 1385, aimed at expediting background checks for workers in caregiving roles for children, the elderly, and individuals with disabilities. Sponsored by Rep. Jamila Taylor, the bill facilitates the interstate exchange of criminal…
California’s Senate Bill 7 (SB 7) aims to regulate AI in employment by prohibiting employers from using automated decision systems (ADS) to infer criminal or credit history, including through AI-powered social media screening tools. The bill introduces…
Companies are increasingly faced with class actions for alleged violations of the Fair Credit Reporting Act (FCRA). FCRA claims related to background checks have grown since last year. Most companies perform background checks on employees as part of the employment…
Philadelphia Federal Judge Mitchell S. Goldberg recently held that the portion of the city’s salary history ordinance that prohibits an employer from inquiring about a prospective employee’s wage history is unconstitutional because it violates the First Amendment’s…
A bill has been signed into law by Connecticut Governor Dannel Malloy that will restrict employees from inquiring about applicants’ salary history during the hiring process. The law, which will take effect Jan. 1, 2019, will permit employers to inquire about “other…
Vermont has joined several other states that have enacted a law to prohibit employers from inquiring about, seeking or requiring salary history information from prospective employees. Taking effect July 1, employers and their agents will be prohibited from inquiring…
California recently joined a growing number of cities and states to pass a law that bans salary history questions. Prompted by concerns about gender- and race-based wage discrimination, the law is designed to prevent employers from using past compensation as a basis…