By Michael Fleischer, Jean Wilson, and Barry Miller

Synopsis: Massachusetts Attorney General investigates 70 employers (both large and small – across all industries), citing 21 of them for violating the state’s “ban the box” law, which prohibits most businesses from asking about job candidates’ criminal backgrounds on initial employment applications.

Last week,

By: Jennifer Mora, Jean Wilson and Barry Miller

Synopsis: Effective October 13, 2018, Massachusetts employers will no longer be permitted to inquire about certain misdemeanor convictions and sealed or expunged records for employment purposes.

Almost ten years ago, Massachusetts became the second state, following Hawaii, to enact a “ban-the-box” law, so-called because they require

By Dawn Reddy Solowey and Ariel Cudkowicz

It’s the decision the employment bar has been waiting for: on June 1, 2015, in a 8-1 ruling, the U.S. Supreme Court sided with the EEOC in the religious discrimination case of EEOC v. Abercrombie & Fitch Stores, Inc., which we’ve blogged about before.

Headlines

Justice

By Sam Schwartz-Fenwick and Amanda Sonneborn

In last week’s oral argument on the constitutionality of same-sex marriage bans, Chief Justice Roberts asked the following question:

Counsel, I’m not sure it’s necessary to get into sexual orientation to resolve the case. I mean, if Sue loves Joe and Tom loves Joe, Sue can marry him and

By Brian A. Wadsworth

Employers are well aware that the protections provided by 42 U.S.C. § 1981 extend to both United States citizens and permanent residents, colloquially referred to as “green card holders.”

Some employers, however, may be unaware that lawfully present aliens who are not green card holders may also be protected by § 

By Pamela Q. Devata, Cameron Smith, and Courtney S. Stieber

On April 16, 2015, the New York City Council passed Intro-261-A, a bill that would amend the New York City Human Rights Law to make it an unlawful discriminatory practice for an employer to use an individual’s consumer credit history in making employment decisions.

By: Christopher Lowe and Alnisa Bell

On Monday, Governor Chris Christie signed the Opportunity to Compete Act (A1999) into law, which is designed to restrict employers from asking about prior criminal convictions on job applications.  Christie enthusiastically hailed New Jersey as “a state that believes every life is precious” and stated, “everyone deserves a second

By: Paul Kehoe and Pamela Q. Devata

On May 15, 2014, Baltimore joined the growing number of jurisdictions to ban the box on employment applications.  Mayor Stephanie Rawlings Blake signed Baltimore’s Fair Criminal-Record Screening Practices ordinance, which bans private employers from inquiring about or conducting a criminal background check on an applicant until after an

By Pamela Quigley Devata, Paul Kehoe, and Craig B. Simonsen

The Federal Trade Commission (FTC) and the Equal Employment Opportunity Commission (EEOC) have just announced two short guides on employment background checks: Background Checks: What Employers Need to Know and Background Checks: What Job Applicants and Employees Should Know.  The documents were