Outten & Golden LLP filed an Equal Employment Opportunities Commission (EEOC) charge this month on behalf of The Fortune Society against Macy’s, Inc. The charge alleges that Macy’s violated Title VII of the Civil Rights Act of 1964, and other laws, terminating…
Posts by Category: Criminal History Check
NY Highest Court Clarifies Who Can Be Liable for Discrimination Based on Criminal History
In Griffin v. Sirva, Inc., the U.S. Court of Appeals for the Second Circuit was asked to determine whether Section 296(15) of the New York State Human Rights Law (NYSHRL) is limited to a party’s employer and if so, can the coverage extend to other related entities? In…
Court Certifies Three Classes in Action Challenging WMATA’s Criminal Background Check Policy
After receiving a contingent job offer as a bus operator with the Washington Metropolitan Area Transit Authority (WMATA) in 2013, Erick Little disclosed information about a 1987 drug conviction. Little would have been just 19 at the time of the 26-year-old drug…
New Regulations Limit California Employers’ Consideration of Criminal History
The California Fair Employment and Housing Council (FEHC) has finalized new regulations on employer consideration of criminal history, largely adopting the guidance set forth by the Equal Employment Opportunity Commission (EEOC). The regulations include expanding the…
More than 8,000 Uber and Lyft Drivers Fail Massachusetts Background Check
As part of a deal that would allow Lyft and Uber drivers to service Logan Airport, the ride-sharing companies agreed to let the state run its own background checks. As a result, more than 8,000 current and recent Uber and Lyft drivers in Massachusetts have been banned…
Los Angeles Ban the Box – New Individualized Assessment and Reassessment Form
The City of Los Angeles recently issued its Rules and Regulations implementing the Fair Chance Initiative for Hiring (Ban the Box) Ordinance, providing critical guidance to employers on compliance with the new ban the box ordinance. The city’s Bureau of Contract…
New Los Angeles Regulations Provide Clarity on Ban-the-Box Directives
A recent Rules and Regulations publication released by the Los Angeles Department of Public Works Bureau of Contract Administration will assist employers in Los Angeles with implementing the Los Angeles Fair Chance Initiative for Hiring Ordinance (Fair Chair…
California Further Limits Use of Criminal Background Information
California’s Fair Employment and Housing Council (FEHC) has finalized new regulations further limiting an employer’s ability to consider criminal history when making employment decisions. The regulations will take effect in July and follow the Equal Employment…
California Employers Are Subject to New Requirements When Using Criminal History Information
The release of the Equal Employment Opportunity Commission’s (EEOC) “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964” outlines best practices for employers to follow…
Governor Bevin Orders Fair Chance for Workers Seeking State Jobs
Kentucky Governor Matt Bevin issued an executive order Wednesday that removes questions about criminal history from the initial application for state jobs in the executive branch. The Fair Chance Employment Initiative means that applicants will not be required to…





