Background Checks in Banks, and Conflicts with Ban-the-Box Laws

by Philip M. Berkowitz - Global Banking & Finance Review

Numerous federal, state and local laws require banks to run criminal background and credit checks on employees and applicants for employment. These include the Federal Deposit Insurance Act (FDIA), the Securities and Exchange Act, the Secure and Fair Enforcement for Mortgage Licensing Act (SAFE Act), the Truth in Lending Act (TILA), and various FINRA rules. The background checks may also need to be re-run periodically during employment to assure the continued accuracy of the information received during the recruitment process, and to assure that the individual continues to be qualified to fill their role.

Read more: https://www.globalbankingandfinance.com/background-checks-in-banks-and-conflicts-with-ban-the-box-laws/

Denton, Texas Considers Fair Chance Hiring Ordinance

by Alonzo Martinez - Forbes

The Denton City Council is exploring the adoption of a Fair Chance Hiring Ordinance that would restrict an employer’s inquiry into a job applicant’s criminal history. While the ordinance promotes inclusivity and provides individuals with prior criminal records a fair chance in the job market, it imposes additional compliance requirements on employers.

Read more: https://www.forbes.com/sites/alonzomartinez/2023/11/07/denton-texas-considers-fair-chance-hiring-ordinance/?sh=2f9cf31501ad

Chicago Enhances ‘Ban the Box’ Legislation Effective for Employers Immediately

by Morgan Lewis, Chloe Keating Leigh, Mikaela Shaw Masoudpout, Anna Perocchi, Stephanie Sweitzer - JD Supra

Chicago’s newly elected mayor, Brandon Johnson, signed amendments on April 24 to Chicago’s “ban the box” ordinance, which became effective immediately and applies to all Chicago employers. Mirroring updates the Illinois legislature made to the Illinois Human Rights Act in 2021, the amendments require Chicago employers to perform an individualized assessment before basing an adverse employment action on an individual’s criminal history, and impose pre-adverse action and final adverse action notice requirements when such decisions are made.

Read more: https://www.jdsupra.com/legalnews/chicago-enhances-ban-the-box-2183390/

Hearing draws support for rent stabilization and ‘ban the box’ for housing

by Evan Popp - Beacon

In response to the state’s dire affordable housing crisis, advocates urged lawmakers Monday to pass a bill to stabilize rent prices and reform tenant termination laws along with a measure to prevent landlords from using a criminal record to deny housing to someone at the beginning of an application process. 

The measures — part of a litany of housing-related bills being pushed this session to better protect tenants, address chronic homelessness and spur the development of affordable housing — come as the crisis in Maine threatens to spiral out of control. Rental prices are skyrocketing and evictions are spiking. Furthermore, there are around 15,000 people on waitlists for housing vouchers in the state, 40% of Maine renters are considered cost-burdened, homelessness is on the rise and there is a shortage of about 20,000 affordable housing units. 

Read more: https://mainebeacon.com/hearing-draws-support-for-rent-stabilization-and-ban-the-box-for-housing/

Bill would ‘ban the box’ during hiring process for SC state government jobs

by Mary Green - Live 5 News WCSC

COLUMBIA, S.C. (WCSC) - When Lester Young of Columbia was released from prison after serving 22 years, he was ready to find a job and begin the next chapter of his life outside incarceration.

But Young said he could not get hired after employers took a look at his criminal record.

“It was kind of discouraging to walk out of prison and ready to go to work and start your life over, and people are telling you you are not good enough to work for them,” he said. “It was not that you couldn’t do the job but because you had a felony conviction.”

Read more: https://www.live5news.com/2023/03/04/bill-would-ban-box-during-hiring-process-sc-state-government-jobs/

Dziedzic, DFLers want to ‘ban the box’ for Minnesota boards and commissions

by Walker Orenstein and Peter Callaghan - SC Times

Minnesota has been considered a leader in one specific criminal justice reform known as ‘ban the box.’

In 2009, it was just the second state in the nation to prohibit public employers from including a criminal history question on initial job application forms. Then, in 2013, private employers were added to the law, a provision enacted with bipartisan support.

Read more: https://www.sctimes.com/story/news/politics/2023/01/16/dziedzic-wants-to-ban-the-box-for-minnesota-boards-commissions/69806254007/

California’s Civil Rights Department Adds More Detail to Regulations Regarding Consideration of Applicants’ Criminal History

by Philippe A. Lebel, Michelle Lappen - Proskauer

In the weeks and months since it changed its name from the Department of Fair Employment and Housing to the California Civil Rights Department (“CRD”), the agency has been busy.  Most recently, the CRD released proposed modifications to the regulations under the Fair Employment and Housing Act (“FEHA”) related to the use and consideration of criminal history information in employment decisions—a process that is already exceedingly complicated thanks to overlapping privacy laws (e.g., the California Consumer Privacy Act), the Investigative Consumer Reporting Agencies Act, and local “ban the box” ordinances in Los Angeles and San Francisco.

Read more: https://calemploymentlawupdate.proskauer.com/2022/12/californias-civil-rights-department-adds-more-detail-to-regulations-regarding-consideration-of-applicants-criminal-history/#page=1

Harris County Becomes Latest in Texas to Adopt a Ban the Box Hiring Policy

by M. Brett Burns, Robert T. Bumbacher, Crawford C. LeBouef - The National Law Review

Earlier this year, Harris County, Texas, which encompasses a substantial majority of the City of Houston, became the sixth Texas city or county to embrace a “ban the box” policy when it adopted the Fair Chance Policy.

As we have previously posted (see here and here), “ban the box” policies are gaining support around the country, with over 37 states and over 150 cities and counties having adopted some form of a ban the box policy, including several in Texas.  Generally, these policies are designed to ensure that potential employers consider a job candidate’s skills and qualifications first, thereby eliminating any implicit bias or negative implication to his/her application due to a criminal conviction or arrest record.  As the name suggests, these policies typically  eliminate the box (or question) on an employer’s employment application where the applicant must check off whether or not he/she has a criminal record.  

Read more: https://www.natlawreview.com/article/harris-county-becomes-latest-texas-to-adopt-ban-box-hiring-policy

Tampa moves closer to expanding 'ban the box' policy to city contractors

by Mitch Perry - Bay News 9

TAMPA, Fla. — The Tampa City Council voted unanimously Thursday to move forward with a plan to reward businesses contracting with the city when they hire individuals who have been involved in the criminal justice system.

Read more: https://www.baynews9.com/fl/tampa/news/2022/07/14/tampa-moves-to-expand--ban-the-box--policy-to-city-vendors

Delaware moves forward with ‘ban the box’ legislation for college admissions

by Jeremy Bauer-Wolf - Higher Ed Dive

Dive Brief:

• The Delaware Senate pushed through a bill this month that would forbid the state’s public and private colleges from inquiring about applicants’ criminal histories.

• This is what’s known as “ban the box” legislation. Often, such measures limit employers from asking about a criminal record on job applications, but they have gained ground with colleges in the last several years.

• Delaware’s proposal would permit colleges to ask about students’ criminal backgrounds once they were admitted so they can offer counseling or restrict participation in campus life. It also makes an exception for such offenses as stalking and sexual assault.

Read more: https://www.highereddive.com/news/delaware-moves-forward-with-ban-the-box-legislation-for-college-admission/625599/