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Monday, January 30, 2023

News Article


This Week’s Ban-The-Box and Salary History Ban Recap!

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We’ve recapped the ban-the-box and Salary History Ban activity from this week for you below.

BAN-THE-BOX RECAP

EMPLOYMENT:

Washington, D.C. - The District of Columbia has taken action against employers since the passage of the Fair Criminal Record Screening Act in 2014. The administrative charges have resulted in more than $500,000 in fines for failing to ban-the-box on applications. Read more here and here.

Connecticut House Bill 6921 - which prohibits discrimination based on a person’s criminal history. The bill has passed the House and the Senate as of June 5, 2019.
 

HIGHER EDUCATION:

We’ve alerted you before about similar ban-the-box actions taken in higher education institutions. We have another one to bring to your attention today.

On June 5, 2019, The DePaul University’s Faculty Council, in Chicago, Illinois, approved a motion to ban-the-box on their college application.

SALARY HISTORY BAN RECAP

Illinois House Bill 834 – prohibits employers from considering salary history in the hiring process. Passed in the House and the Senate as of May 29, 2019 and was sent to the Governor on June 6, 2019.

Ban-The-Box Activity This Week!

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It’s been about a month since we’ve updated you on activity involving ban-the-box laws, so we found two events occurring this week to bring to your attention.

DENVER, CO

The Governor of Colorado signed the statewide ban-the-box legislation into law this week. The legislation affects public and private sector employers. You can find more information about the new law here.

MASSACHUSETTS

The Attorney General is actively enforcing the State’s Ban-the-box law. Recently 19 businesses were cited for violating the law. And in 2018, 21 citations were issued, some of those citations resulted in fines. Read more here.

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The varying city, county and state laws are overwhelming, and it is difficult to stay abreast of the changes. Which is why we would like to remind you of the National Employment Law Project’s (NELP) April 2019 publication, the most comprehensive and up-to-date summary of these laws we have seen.

We found this resource so helpful, that we have added a link to our resource page here.

Background Check Disclosures Still Being Litigated. So Far - This is a Very Hot Employer Topic of 2019!

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OPENonline has posted multiple times about the current litigation frenzy surrounding employer background screening disclosures. But the language included in disclosures is already shaping up to be one of the hottest employer litigation topic of 2019.

Case in point is the recent Ninth Circuit ruling in Gilberg v. California Check Cashing Stores, LLC, No. 17-16263, 2019 WL 347027 (9th Cir. 2019). Since the decision on January 29, 2019, we haven’t been able to count the slurry of articles, emails, and posts covering the ruling.

Do You Know Your Requirements Under the Recently Expanded Laws Focused on Protecting Consumers Against Fraud and Identity Theft?

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On May 24, 2018 Congress enacted S.2155 - Economic Growth, Regulatory Relief, and Consumer Protection Act. The law expands consumer rights when they feel they have been, or are about to become, a victim of fraud or identity theft.

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