Ban the Box Legislation Introduced in New Jersey to Restrict Criminal History Questions for Employment

Legislation recently introduced in the New Jersey Senate – Senate Bill No. 2586, ‘The Opportunity to Compete Act’ (OCA) – would “ban the box” asking about criminal histories on job applications and restrict questions by employers about criminal records of current employees or applicants. The OCA would also prohibit employers in New Jersey from inquiring …

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New York City Passes Law Prohibiting Hiring Discrimination against Unemployed Job Applicants

The New York City Council has voted to override a veto by New York City Mayor Michael Bloomberg to enact legislation – Intro 814-A – that prohibits employers from refusing to consider or hire qualified job applicants who are unemployed. The law prevents employers from using employment status in a hiring decision and from posting …

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Rhode Island Bill would Ban the Box Asking about Criminal Records on Job Applications

In an effort to limit bias against job applicants with criminal histories, legislation to ‘ban the box’ that employers use on preliminary job applications to ask about past criminal records has been introduced in the State of Rhode Island General Assembly by Representative Scott Slater (D-Dist. 10, Providence), according to a press release available at …

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Complaints to EEOC Allege National Retailer Discriminated against Job Applicants with Criminal Records

The National Association for the Advancement of Colored People (NAACP) and the community group TakeAction Minnesota have accused a large national retailer of unfair hiring practices that allegedly discriminated against job applicants with criminal records in ten formal complaints filed with the U.S. Equal Employment Opportunity Commission (EEOC). More information about this story is available …

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New EEOC Criminal Record Guidance Subject of Session at SHRM Conference in Albuquerque on February 25

Attorney Lester Rosen, a safe hiring expert and founder and CEO of background check firm Employment Screening Resources (ESR), will present a session titled ‘Practical Steps to Comply with the New Equal Employment Opportunity Commission (EEOC) Criminal Record Guidance’ at the 2013 Society for Human Resource Management (SHRM) NM Employment Law & Legislative Conference in …

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DOL Office of Contract Compliance Programs Issues Directive on Use of Criminal Records for Background Checks

The Department of Labor’s (DOL) Office of Contract Compliance Programs (OFCCP) has issued a new Directive on ‘Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race and National Origin.’ The OFCCP Directive advises federal contractors and subcontractors about potential discriminatory liability resulting from using criminal records for employment background checks and warns …

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California Supreme Court Ruling on Discrimination Case Involving Mixed Motive May Impact Fair Employment and Housing Claims

On February 7, 2013, the California Supreme Court issued a unanimous decision in a case – Harris v. City of Santa Monica – that involved the “mixed motive” theory where the employer has both legitimate and discriminatory reasons for job actions such as termination and discipline. The Court ruled an employer can defeat an employee’s …

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Kaplan Higher Learning Wins Summary Judgment in Nationwide Hiring Discrimination Lawsuit Filed by EEOC

Ending a two year dispute, Kaplan Higher Learning Education Corp. has won a summary judgment in a nationwide hiring discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) over Kaplan’s use of credit checks as part of its hiring process that the EEOC alleged violated Title VII due to an unlawful “disparate impact” …

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Department of Justice Reaches Agreement with Food Service Provider Over Alleged Discrimination Violations with E-Verify

The Department of Justice (DOJ) has announced an agreement with a South Carolina-based Food Service provider to resolve allegations of violating the anti-discrimination provision of the Immigration and Nationality Act (INA) during the employment eligibility verification process that included the federal E-Verify program.  Under the terms of the agreement, the Food Service provider, one of …

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EEOC Updates Guidance on Criminal Records to Prevent Employment Discrimination during Background Checks

On April 25, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) – the agency that enforces federal laws prohibiting employment discrimination – voted 4 to 1 to update the Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. According to the …

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