Many employers continue to push back against blanket approval of ban-the-box policies, arguing that they have an obligation to keep workplaces safe and avoid negligent hiring or employment discrimination claims. In some cases, they are working with advocates to hammer…
Posts by Category: Criminal History Check
Convict Rehired Under ‘Ban the Box’ Policy
A City of Austin employee with a lengthy criminal history was fired after entering a guilty plea. However, the city acknowledges he was allowed to keep working after his arrest and without a background check due to city policies and despite being fired by the city 12…
New Jersey’s “Ban the Box” Bill Sent to Governor Christie’s Desk; Final Version More Employer-Friendly
The New Jersey Legislature has given final approval to a slightly more employer-friendly version of the state’s “ban the box” measure, which now heads to Governor Chris Christie’s desk. Notably for employers, the legislation explicitly provides…
Illinois Enacts New Law Impacting Inquiries on Criminal Background Checks
On July 19, 2014, Illinois Governor Pat Quinn signed into law the Job Opportunities for Qualified Applicants Act, which will go into effect on January 1, 2015. The new law will restrict the timing of pre-employment inquiries by Illinois employers about a job…
Ban the Box: What’s Next? Ban the Job Application?
The job application needs a fresh look. For sure, employers need to collect basic information like name, address and contact information. But like the question about convictions, the question isn’t if it can be asked but when. So here’s a crazy thought but…
Ban the Box in Indiana: What Employers Need to Know
Companies are rethinking the single check box on employment applications that inquire about an applicant’s criminal history. Over sixty cities and counties have taken steps toward eliminating job application barriers that have traditionally disposed of…
New Jersey Senate Bill Would Prohibit Automatic Disqualification of Applicants Based on Criminal Record
The Senate has introduced two (essentially identical) bills (S2101 and S2102) that would prohibit public and private employers from automatically rejecting current or prospective employees based on their criminal record. The bill would require employers to consider at…
New Alabama Law Allows Expungement of Certain Criminal Records
A new law in Alabama allows individuals to petition to have certain criminal records expunged upon the payment of $300 in fees, plus court costs, and following a successful petition to the court in which the relevant charge was filed. This means that a prospective…
U.S. Census Bureau Down for the Count After Certification Ruling in Criminal Background Check Case
A Magistrate Judge in the United States District Court for the Southern District of New York granted partial class certification in a case where plaintiffs allege that the United States Census Bureau used arrest records to screen out job applicants, thereby…
Alabama Employers May No Longer Consider Certain Criminal Records for Hiring Purposes
How and when employers can request and use a person’s criminal record information during the hiring process and for other employment purposes has become a hot topic over the last few years at the federal, state and local level. In the last 18 months, various…