background screening

New York City Enacts Fair Chance Act

Yesterday, Mayor Bill DeBlasio signed into law the Fair Chance Act, prohibiting private employers in New York City from inquiring into an applicant's past criminal convictions until after a conditional offer employment has been made. If, after conducting a background check, the employer withdraws the offer, it must explain the decision to the applicant in writing and hold the position open for 3 business days so the applicant can respond. To read more ->

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Oregon Passes Ban the Box Law

As published by Seyfarth Shaw on June 29, 2015, Oregon is the latest to join the ever growing list of states which have enacted "Ban the Box" legislation. As of January 1, 2016, private employers can no longer require job applicants to disclose criminal convictions prior to an initial interview. If no interview is conducted, the law prohibits employers from disclosing criminal convictions prior to making a conditional offer of employment.

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Newly Re-Written PA Child Protection Law Requires Two State Checks

According to a recent article published by the New Castle News Online (by John Finnerty, January 24, 2015), a newly re-written PA Child Protection Law which went into effect in January requires anyone working with or volunteering with children to submit to two state background checks at a cost of $10 each. In addition, all school employees and volunteers who have moved into Pennsylvania in the last decade must get an FBI criminal background check, which involves submitting fingerprints. All checks must be repeated every three years.

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California Prosecutors Sue Uber Over Background Screening Practices

An article posted by the Huffington Post (Mollie Reilley, 12/09/2014) highlighted the recent lawsuit brought against Uber by prosecutors in Los Angeles and San Francisco. Among other things, they allege that Uber is violating California Law with its fraudulent practices regarding the background screening of their drivers. It seems that Uber is not using fingerprints to conduct a LiveScan criminal check as part of their background check process, but is charging clients a $1.00 "Safe Rides" Fee which may give them a false sense of security.

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Aerotek Faces Lawsuit for Not Following FCRA Guidelines

An article by Christina Davis (TopClassActions.com, December 2, 2014) highlights the recent class action lawsuit that was initiated against Allegis Group (Aerotek, Inc.) in the State of Maryland.  The lead plaintiff alleges that Aerotek violated the Fair Credit Reporting Act (FCRA) when they failed to provide a copy of his background report when making an adverse hiring decision.  To read more ->

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New Jersey - Ban the Box Law

As published by the State Rules Register:

The New Jersey "Ban the Box - Plus" (P.L. 2014, Chapter 32, AB 1999), signed by the Governor in August and will become effective:  "The first day of the seventh month next following the date of enactment".  We calculate this to be March 1, 2015.  This Act covers the following subjects:

1.Ban the Box
2.Pre-empts all city ordinances, except for city employees.

BAN THE BOX FACTS

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