In March, PNC Financial Services Group, Inc., moved to dismiss a class action complaint filed by Damian McCoy in the Western District of Pennsylvania. The individual sued the business after his conditional employment offer was revoked when a 2011 arrest was…
Posts by Category: Criminal History Check
“Ban the Box” Legislation Expands – What Should Employers Do?
With “Ban the Box” laws continuing to expand, many states are beginning to consider whether they should be asking questions about arrest and conviction record as part of the normal application process. Ban the Box was implemented to allow those with criminal…
Another Change to Massachusetts Ban-The-Box Law
Massachusetts employers soon will no longer be permitted to inquire about convictions and sealed or expunged records for employment purposes. About 10 years ago, the state became the second to enact a “ban-the-box” law and on Oct. 13, a criminal justice reform bill,…
Workers with Criminal Records
A new study commissioned by the Society for Human Resource Management (SHRM) and the Charles Koch Institute (CKI) revealed that about two-thirds of human resource professionals are open to hiring or have hired applicants with criminal histories. Employers who choose…
California Cities Drop Thousands of Marijuana Convictions
San Francisco and San Diego are moving to erase thousands of marijuana convictions en masse, which could be life-changing for some and helpful, especially, to minorities. San Francisco District Attorney George Gascon said he aims to “fix the harm that was done not…
Wisconsin Commission Finds Employers Cannot Consider Expunged Convictions – Even if Substantially Related to the Job
The Wisconsin Fair Employment Act prohibits employers from taking adverse employment action against an applicant or employee because of the individual’s conviction record, unless the conviction is “substantially related” to the position. Wisconsin…
Washington Ban the Box Law Limits Criminal Background Inquiries
Washington will become the next state to implement “ban the box” legislation in June. Governor Jay Inslee signed into law the Washington Fair Chance Act (WFCA) on March 13, which prohibits inquiries regarding applicants’ conviction histories until…
Kansas City, Missouri, Enacts Ban-the-Box-Plus Ordinance
In early February, the Kansas City, Missouri City Council passed restrictions on employers’ inquiries into, and use of, criminal record information. Effective June 9, 2018, employers may not inquire about an applicant’s criminal history until after it has been…
EEOC’s Background Check Guidance Suffers Loss in Texas Federal Court
In early February, a federal judge enjoined the Equal Employment Opportunity Commission (EEOC) and U.S. Attorney General from enforcing against the State of Texas the EEOC’s 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment…
Does Your State Ban the Box with Job Applications? What You Need to Know
As of September, more than 150 cities and counties and 29 states have adopted laws that limit what employers can ask job applicants. The “ban the box” legislation is designed to give individuals with a criminal history a fair chance at employment. The law, however,…