By Pamela Q. Devata and Jennifer L. Mora

Seyfarth Synopsis: On September 15, 2020, Hawaii Governor David Y. Ige signed Senate Bill 051, which narrows the scope of convictions that employers can use for hiring and other employment-related decisions. The new law is effective immediately.

In 1998, Hawaii became the first state to “ban the box,” prohibiting a private

Continue Reading Hawaii Expands Scope of Off-Limits Convictions for Employment Purposes

By Pamela Q. Devata and Jennifer L. Mora

Seyfarth Synopsis: After six years of litigation, on November 18, 2019, the Equal Employment Opportunity Commission (EEOC) announced a multi-million settlement with a national employer, which resolved litigation that claimed the employer’s use of criminal history had a disparate impact on minority job applicants. The announcement is a reminder to employers
Continue Reading EEOC Consent Decree Over Criminal History Background Checks Serves as a Reminder to Employers to Take a Fresh Look at Their Screening Practices

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, Massachusetts Attorney General Maura Healy
Continue Reading Mass. AG on the Lookout for Prohibited Criminal History Inquiries

By Jennifer L. Mora and Pamela Q. Devata

Seyfarth Synopsis: Michigan Governor Rick Snyder recently signed a bill that will prohibit counties and cities from enacting “ban-the-box” ordinances or other restrictions on the ability of private employers to inquire about criminal history early in the hiring process.”

On March 26, 2018, Michigan Governor Rick Snyder signed Senate Bill 0353
Continue Reading Michigan Bans Local Ban-the-Box Laws

By Pamela Q. Devata, Robert T. Szyba, Alnisa Bell, and Ephraim J. Pierre

Seyfarth Synopsis: As cities across the nation adopt “ban the box” legislation that regulates private employers’ ability to inquire into applicants’ and employees’ criminal histories, employers face a nuanced gauntlet of compliance issues. This post briefly reviews recent developments in New York City, Philadelphia,
Continue Reading Trends In the “Ban the Box” Movement: Recent Developments In City Ordinances