New York, New York Part II: The Stop Credit Discrimination in Employment Act
October 6, 2015
New York City has two new background screening laws that are about to shake up the status quo for employers. Yesterday we looked at the Fair Chance Act—here’s the link if you missed it. Today we look at the recently enacted restriction on credit reports and some recent guidance that has been published to help employers comply.
By way of background, the Stop Credit Discrimination in Employment Act (SCDEA), which went into effect on September 3, 2015, prohibits employers from using an individual’s consumer credit history when making employment decisions about applicants or current employees. The law includes a limited set of exemptions for sensitive positions which include the following:Read More
The EEOC’s Criminal Background Screening Guidance 3 Years Later: 5 Lessons Employers Need to Know
October 5, 2015
By definition, guidance is supposed to help resolve a problem. Yet, for employers, the U.S. Equal Employment Opportunity Commission’s (EEOC) 2012 update to its criminal background screening guidance has instead created a problem: uncertainty about how to conduct criminal background checks without significant legal risk.
Fortunately, the past three years—especially the EEOC’s efforts to enforce its guidance during that time—have revealed five lessons that can boost your confidence in the compliance of your criminal background screening practices:Read More
NY, NY: If You Can Hire There, You Can Hire Anywhere (Part I, The Fair Chance Act)
I love New York. So do lots of other people who are clamoring to work in the Big Apple, where employment rose by 91,400 in the past year. The city has two brand new background screening laws that are about to shake up the status quo for employers. If you hire, recruit, or screen prospective candidates or employees in New York City, listen up. Things are about to get complicated.
The two laws are the Stop Credit Discrimination in Employment Act (SCDEA) which went into effect on September 3, 2015 and the Fair Chance Act (FCA), which deals with criminal history and takes effect on October 27, 2015. Today we’re tackling the FCA—look for Part II on the SCDEA tomorrow. (more…)Read More