On November 25, 2015, Portland’s City Council unanimously passed new rules that will significantly affect an employer’s ability to obtain and use criminal history information in the hiring process.
With the new year less than one month away, the compliance countdown for new laws has begun. Limited time remains in 2015 for employers to ensure policies and practices are developed or revised to meet 2016 obligations.
On November 5, 2015, the New York City Commission on Human Rights (NYCCHR) released its 13-page Interpretative Enforcement Guidance regarding the City's Fair Chance Act (FCA).
The New York City Commission on Human Rights has issued interpretive guidance on the city's new law that generally prohibits most employers from using credit information for employment purposes.
After several high-profile setbacks in disparate impact discrimination lawsuits challenging criminal record screening policies, the EEOC has entered into a settlement in one of its few remaining cases.
There has recently been a significant spike in the number of lawsuits challenging employer use of criminal background checks, including class action lawsuits brought under the federal Fair Credit Reporting Act.
Ban-the-box laws that apply to private-sector employers acting as vendors or having contracts with state or city governments are often inconsistent, posing difficulties for multi-jurisdiction employers.
On June 9, 2015, Nevada Governor Brian Sandoval signed legislation prohibiting the reporting of a report of criminal proceedings, or other adverse information, excluding a record of a conviction of a crime, which precedes the report by more than 7 years.
Oregon's House recently passed a bill that will prohibit most employers from asking questions about criminal history on job applications or at any other point in the hiring process before the initial interview.