Tag: Background checks

Illinois governor signs law prohibiting criminal history inquiries on job applications

by Steven L. Brenneman Fox, Swibel, Levin & Carroll, LLP On July 21, Illinois Governor Pat Quinn signed into law the Job Opportunities for Qualified Applicants Act, which will prohibit most private-sector employers and employment agencies with 15 or more employees from asking applicants about their criminal histories and conducting criminal background checks until after […]

New Alabama law opens door to erase certain criminal convictions

by Whitney Brown A new Alabama law taking effect July 7 allows individuals to apply to have certain criminal proceedings expunged, meaning an applicant will be excused from disclosing the offense on employment applications. Offenses must be misdemeanors or nonviolent felonies, and charges must have been dismissed, been “no-billed” by a grand jury, been dismissed […]

Delaware governor signs ‘ban the box’ bill

by Molly DiBianca Delaware has joined the ranks of states adopting “ban the box” laws, measures that limit how employers can request criminal history information during the hiring process. Delaware’s law, signed into law by Governor Jack Markell on May 8, makes criminal histories and credit scores off limits on applications for public-sector jobs. Here […]

Baltimore council votes to ban the box

by Kevin C. McCormick Employers in Baltimore will face new restrictions in conducting criminal background checks now that the city council has passed a tough new “ban the box” law. Bill 13-0301, titled “Ban the Box—Fair Criminal Records Screening Practices,” passed the Baltimore City Council on April 28 and was expected to gain Mayor Stephanie […]

DOL Gets a Slap or Two, but Litigation Threats Abound

The DOL has gotten a few “slapdowns” from the courts recently, but while that may make employers feel a little better, wage and hour problems are still a major threat. The agencies—and the attorneys—are looking at most employers, and, sooner or later, they’ll look at you. In her recent presentation at the Advanced Employment Issues […]

Hiring ex-offenders: Considerations for employers

The hiring process can be challenging for employers and jobseekers alike. Employers struggle to match their needs to the skills and experience of applicants. Jobseekers struggle to make employers understand why they’re right for the job. That dual struggle gets even more complicated when a criminal conviction is added to the picture. According to figures […]

Seattle employers should be ready for new background check law

by Amy Kunkel-Patterson Seattle’s new law restricting the use of criminal background checks takes effect November 1. The Job Assistance Ordinance prohibits employers from requiring applicants to disclose arrest or conviction records as part of initial job applications. It also restricts how employers may use arrest and conviction records that eventually are disclosed. A number […]

Changes coming to Indiana’s background check law

Provisions of Indiana’s new background check law, which limits the information criminal history providers may give to employers, go into effect July 1. Under the law, criminal history providers won’t be able to provide information related to the following: An infraction, arrest, or charge that didn’t result in a conviction; An expunged record; A record […]

Database hazards: What’s safe when conducting background checks?

No one wants to get burned by hiring a bad apple, so it’s common for employers to conduct background checks to lessen the chance of bringing a dishonest employee into the workplace. But as hazardous as it is to have shady employees, it also can be dangerous to step out of line when checking people […]

Criminal and background reports as evidence in EEOC class actions

by Steven Collis In its first class action lawsuit challenging an employer’s use of criminal records, the Equal Employment Opportunity Commission (EEOC) ended up dropping its case against PeopleMark and getting socked with $750,000 in sanctions. Recently, the EEOC suffered another stinging loss when a federal court dismissed its discrimination case against Kaplan Higher Education […]