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…
Posts by Category: Criminal History Check
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,…
How Employee Background Verification Impacts the Culture of an Organization
With the anticipation of India as one of the world’s fastest-growing economies, the need for background verification checks has increased after one individual was found to have falsified his resume. The hiring company has faced an increase in workplace crimes of…
Federal Judge Rules State Sex Offender Registry is Unconstitutional
A judge in Colorado has ruled that listing offenders’ personal information, such as names and addresses, gives the public the power to punish beyond what the court has deemed appropriate. He also ruled that the Colorado Sex Offender Registration Act violates the 14th…
Barclays Accused of Illegal Screening of Job Applicants
According to a federal-court class action lawsuit filed by Outten & Golden LLP and Youth Represent, unlawful screening of job applicants at the Barclays Center, Brooklyn, violates federal and state law. Barclays Events Center does business as Barclays Center, Levy…
A New Study Shows Ban the Box Policies Are Working
The National Employment Law Project (NELP) notes that more than 150 cities in 28 states have adopted some version of Ban the Box laws, with similar laws expecting to be passed in additional cities and states. The goal of the law is to prevent employers from…
EEOC’s Race Discrimination Suit Against Janitorial Company Includes Background
A new discrimination lawsuit by the Equal Employment Opportunity Commission (EEOC) has revealed that the group remains interested in trying to use litigation to discourage employers from directly or indirectly screening out the protected class members who tend to be…




