Litigation & Legislative Updates

8/4/2014 San Francisco “Ban the Box” Effective on August 13, 2014

Effective August 13, 2014, employers in the city or county of San Francisco may no longer inquire about criminal history on employment applications or during interviews. It’s Ban the Box on steroids, and it may be coming to a city near you.

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7/1/2014 Indiana Update: What Criminal History Information May Be Reported to Employers

Effective July 1, 2014, Indiana has a new rule on what information "criminal history providers" can report in employment background checks. This latest version of Ind. Code § 24-4-18-6 makes a technical correction to the law and clears up a few things. Unlike previous versions of the statute, the new law allows reporting of non-conviction and pending records as long as the information is within the 7 year window required under the Fair Credit Reporting Act.

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2/12/2014 Whole Foods Hit With FCRA Class Action For Background Screening Process

The complaint also challenges Whole Food’s online application process, claiming that the company routinely ordered background checks prior to obtaining valid consent.

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7/22/2013 Rhode Island Bans the Box: The State Trend Continues

The new law in Rhode Island was signed by Rhode Island Governor Lincoln Chafee on July 16, 2013 and will take effect on January 1, 2014.

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7/1/2013 Indiana Law Restricts Use of Sealed and Expunged Criminal Records

The new law applies to both Indiana-based employers as well as employers who hire workers in the State of Indiana. In addition to outlining the conditions and process by which ex-offenders can request the expungement or sealing of records, the law also has a direct impact on what criminal records employers can and cannot consider in the background screening process.

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6/20/2013 Ban the Box Update: Add Seattle, Buffalo and Minnesota to the List

Keeping up with ban-the box legislation is practically a full time job. My Google alerts on this topic have been blowing up. Most recently, Seattle City Council has voted to officially ban the box, joining the State of Minnesota and the City of Buffalo in passing laws eliminating the check box asking about criminal history on a job application.

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5/30/2013 Nevada Imposes Strict Restrictions on Employment Credit Reports

On May 25, 2013 Nevada Governor Brian Sandoval signed into law Senate Bill 127 which prohibits employers from using information found on credit reports to make a hiring decision.

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5/8/2013 Maryland Passes "Ban the Box" Laws for State Employers

The act was signed into law by Maryland Governor Martin O’Malley on May 2, 2013 and is expected to take effect October 1, 2013. It is important to note that this law only applies to state employers and not those in the private sector.

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5/2/2013 Colorado Enacts Credit Report Restrictions for Employers

Colorado joins eight other states–California, Connecticut, Hawaii, Illinois, Maryland, Oregon, Vermont and Washington—in restricting access to consumer credit in the hiring process.

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3/20/2013 “Ban the Box” Bandwagon Rolls On

New Jersey, Rhode Island, North Carolina, Minnesota and Michigan are all considering new bills for statewide bans on the practice of asking applicants to check a box on their job application indicating whether they have a criminal conviction.

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