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…
Posts by Category: Criminal History Check
Update on Certainty in Enforcement Act of 2015; H.R.548 — 114th Congress (2015-2016)
All Bill Information (Except Text) Amends equal employment opportunity requirements under the Civil Rights Act of 1964 to deem an employer’s, labor organization’s, employment agency’s, or joint labor management committee’s consideration or use…
Ohio ‘Bans the Box’ on State Applications
Starting June 1, criminal offenders in Ohio will no longer have to check a box requiring them to reveal past convictions on state civil service job applications. Questions regarding prior convictions will be removed from thousands of applications for state government…
New York City Passes Ban-the-Box Legislation Affecting Private Employers
On June 10, 2015, the New York City Council passed the NYC Fair Chance Act (the Act) in a landslide vote. The Act amends the New York City Human Rights Law (NYCHRL) to prohibit private employers in New York City with four or more employees from inquiring into or…
Felons Barred From Constructing Apple’s Campus
Apple is known for being secretive and picky about who works on its popular devices, but now, union officials say, that thinking also applies to the construction workers. Several construction workers who were hired to build the exterior of Apple’s new campus…
It May Not be a Matter of ‘If,’ but ‘When’ for Private Employers in the Commonwealth – Virginia ‘Bans the Box’ for Many State Employment Applications
Virginia Governor Terry McAuliffe has issued Executive Order #41, thereby adding Virginia to the growing list of jurisdictions (including California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nebraska, New Jersey,…
Lessons on Work-Related Fraud and Abuse
The Association of Certified Fraud Examiners recently released its 2014 Report to the Nations on Occupational Fraud and Abuse (the “Report”), which provides interesting statistics and insights for HR professionals hoping to better understand and combat…
Showdown at The Fifth Circuit Continues: Texas Gets The Last Word On Its Challenge To The EEOC’s Criminal Background Guidance
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…
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…




