On February 6, 2020, the Third Circuit Court of Appeals upheld Philadelphia’s salary history ordinance and reversed the lower court's decision, which had held that one of the ordinance’s provisions was unconstitutional.
The City of Columbia City Council has formally amended its salary history and criminal background checks ordinance to omit any coverage of private employers in the definition of “employer.”
During the 2019 legislative session, Governor Larry Hogan vetoed the Criminal Records Screening (or “Ban-the-Box”) Act. On January 30, 2020, however, the Maryland General Assembly overrode the governor’s veto.
The City of St. Louis, Missouri enacted a ban-the-box ordinance prohibiting employers within the city from basing promotions or hiring decisions on an individual’s criminal history or a related sentence. The ordinance will take effect January 1, 2021.
On December 20, 2019, the president signed legislation, the National Defense Authorization Act (NDAA) for Fiscal Year 2020, which includes the federal Fair Chance Act.
On October 8, 2019, the Governor of Puerto Rico signed a law that restricts an employer’s use of an employee’s or job applicant’s credit history or report.
Employers should continue to exercise caution and care in drafting their criminal record screening policies. A recent settlement by Dollar General and the EEOC underscores this point.
Columbia, South Carolina passed an ordinance effective August 6, 2019, limiting employers’ use of criminal background checks and banning employers from inquiring about salary history on job applications.
On August 6, 2019, the 5th Circuit dealt the EEOC a significant setback, largely affirming the district court’s decision that the EEOC violated the APA in issuing its 2012 Enforcement Guidance on criminal history.
