Support for fair hiring practices continues to gain momentum with policy makers and workers alike. Currently, there are 29 states which have adopted such policies and 9 states have removed conviction questions from job applications in the private sector. California has recently “banned the box” for the public sector, and is currently trying to do the same for private employers, but until then they have imposed fair chance regulations that have impacted both.
Austin’s City Council passed Ordinance 20160324-019 (DRAFT)*, adding Chapter 4-15 to the City Code and making Austin the first city in Texas to expand “Fair Chance Hiring” practices to private employers. The new law takes effect on April 4, 2016.
As Accurate Background previously reported, Philadelphia's Ban the Box legislation Bill No. 150815 goes into effect Monday, March 14, 2016. This law amends Chapter 9-3500 of the Philadelphia Code (“Fair Criminal Records Screening Standards”) to include more comprehensive requirements.
When it comes to background checks, regulations are an undeniable and unavoidable reality. In order to steer clear of costly and unwanted complications, employers need to be properly educated on the ever-changing employment laws. In 2015, new regulations from the Equal Employment Opportunity Commission pertaining to background screening made national headlines on an almost-daily basis. So, what can we expect in 2016? We’ll see a continuation of the hiring regulations that changed the face of employee screening last year.
Curious about what happened in the world of compliance last year? 2015 was a busy year with major changes impacting hiring processes across the country – from E-Verify, to Ban the Box, to Drug Testing.
Philadelphia’s City Council recently passed an amendment to their existing ban the box legislation that goes much further than the City’s 2011 legislation. Bill No. 150815 takes effect on March 14, 2016 and amends Chapter 9-3500 of the Philadelphia Code (“Fair Criminal Records Screening Standards”) to include more comprehensive requirements.
Oregon’s Ban the Box initiative House Bill 3025 goes into effect on January 1, 2016. This law prohibits any employer in Oregon (with 1 or more employees) from requiring an applicant to disclose a criminal conviction on the employment application and they must not exclude an applicant from an initial interview solely because of past criminal conviction, among other requirements. Please review our Oregon Ban the Box Legislative Update for more details.
New York City's Ban the Box legislation the "Fair Chance Act," which went into effect this past October, prohibits employers from inquiring about an applicant's arrest or conviction record until after a conditional offer of employment is extended. One of the requirements of this act, the Article 23-A Evaluation Form, must be provided to the applicant by the employer. The form has since been updated and you can find the latest version here.
Recent legislation in New York City may impact your business if you are doing background checks in this area. Here are some things to know about the recent legislation:
Recently, the Equal Employment Opportunity Commission entered into its first consent decree with an employer since the EEOC Guidance was initially published in 2012. It alleged that the employer's hiring policies surrounding criminal records disproportionately disqualified minority employees and violated Title VII of the Civil Rights Act. By entering into the consent decree the employer expressly denied liability and wrongdoing, but they are also required to adhere stringent hiring guidelines put forth by the EEOC.
While the decree outlines some increasingly popular ideologies we are already familiar with due to increasing Ban the Box legislation and the EEOC Guidance, it also introduces some new concepts that our industry will likely see more of with the EEOC’s increasingly aggressive intent to eliminate what it deems as discriminatory practices among hiring entities.