Last year the U.S. District Court for the Northern District of Texas dismissed a high profile lawsuit brought by the State of Texas against the EEOC regarding the its “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Under…
Posts by Category: Criminal History Check
Advancing a Fair Chance Hiring Agenda
A January 2015 report from the National Employment Law Project (NELP) indicates that “almost one in three adults in the United States has a criminal record that will show up on a routine criminal background check. This creates a serious barrier to employment for…
When, If Ever, Does Employment Discrimination Against Ex-Offenders Violate Title VII?
Title VII of the 1964 Civil Rights Act prohibits public and private employers from discriminating against job seekers on the base of race, ethnicity, religion or gender, unless the employer can demonstrate a business necessity. These discriminations are widely…
New Minnesota Expungement Law Helps Protect Employers from Liability
A new Minnesota law that took effect on January 1 expands the opportunities for ex-offenders to expunge their criminal records. In an effort to protect employers who hire employees with expunged records, the new law provides that such records “may not be…
Act 153 of 2014: Criminal Background Checks and Child Abuse Clearances
The Pennsylvania General Assembly amended the Child Protective Services Law (the CPSL) several times over the past year. The most recent changes were through Act 153 of 2014. Although there are sweeping changes made to the CPSL, even in just Act 153, this Alert only…
Michigan Protects Employers from Negligent Hiring and Retention Claims
On January 1, a new Michigan law took effect to protect companies that hire ex-offenders who go on to cause damage or injury during the course of their employment. Louisiana , Georgia , Tennessee, and Texas recently passed similar laws. The Michigan law specifically…
Misrepresentation on Employment Application May Override State Criminal Background Check Law
Most employers understand the importance of compliance with the federal Fair Credit Reporting Act (FCRA) as it applies to background checks and applicant records. However, employers also must recognize the interplay of state law restrictions on the use of background…
Criminal Records Could Be Having A Huge Impact On Labor-Force Participation
For years, we’ve seen a decline in the labor force participation rate (LFPR). That’s the number of people available for work as a percentage of the total population of working-age people. JP Morgan’s David Kelly has a post on the five reasons he…
San Francisco Issues Guidance for Employers and Contractors on Fair Chance Ordinance
San Francisco recently posted FAQs describing key provisions of the city’s Fair Chance Ordinance (“Ordinance”), which took effect on August 13, 2014. The “bans the box,” Ordinance prohibits most private employers and contractors in the…
Background Check Did Not Show Prior Arrests For Janitor Accused of Raping a Baton Rouge Student
Adrian Wright Jr., 31, a former school janitor in Baton Rouge, was booked on a count of forcible rape of a 14 year old girl. On that Saturday, Wright allegedly pushed the girl, a student at North Banks Middle School, into a classroom and then raped her. She did not…



