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The city of Wichita, Kansas has joined the Ban the Box movement by implementing a new program called the Fair Chance Initiative where public sector job applications will no longer ask candidates to check a box if they have a felony conviction. The Ban the Box program…
There is a growing movement to “Ban the Box” that has materialized in various states and local governments severely restricting, or absolutely prohibiting, the use of criminal background checks by employers. Over the past few years, the EEOC has challenged…
For employers in the senior living and long-term care industry, criminal history information is a crucial tool in the hiring process. Various state and federal laws prohibit retirement communities from employing individuals who have been convicted of certain crimes…
N.J.S.A 2C: 52-2(a) permits the Superior Court to expunge convictions of certain classes of offenses under certain enumerated circumstances. As one example, the applicant seeking the remedy must have been “convicted of a crime,” but “…not convicted of any prior…
Is the government really telling employers that they are not allowed to disqualify an applicant because of past criminal activity? In a word, yes. That is increasingly becoming the case on the state level and has been the focus of federal enforcement efforts over the…
Did you know that the EEOC requires employers to keep all personnel and employment records for at least one year? Just as importantly, to the extent the employer uses a screening technique, like a pre-employment test, information on its impact on candidates by sex,…
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…
Under the federal Fair Credit Reporting Act (FCRA), background screening companies (or consumer reporting agencies) are generally prohibited from reporting certain types of derogatory information that the FCRA considers to be too old to be useful, i.e., obsolete. The…
In a state court in Manhattan, the National Association for the Advancement of Colored People (NAACP) sued a class of companies it said were breaking city and state laws that bar businesses from refusing to consider former convicts for jobs. Since New York’s…
Legislation restricting employers from inquiring about an applicant’s criminal background during the initial stages of the application process has been signed into law by Governor Kate Brown on June 26, 2015. The “Ban the Box†law, H.B. 3025, will take effect on…