Requesting and Providing Employee References in the Netherlands – A Risky Business!

by Merel Keijzer - Littler

On December 13, 2019, the Dutch Supreme Court (ECLI:NL:HR:2019:1950) provided clarity on the issue of giving references for former employees. Even after the employment relationship has ended, the employer and employee must act in accordance with the principles of being a good employer and a good employee. For this reason, negative comments about the ex-employee could be classified as unlawful and lead to liability on the part of the employer. In this article, we will discuss points to consider when requesting and providing references, given the case law.

Read more: https://www.littler.com/publication-press/publication/requesting-and-providing-employee-references-netherlands-risky

Ban the Box: Opening the Door to College for Felons

by Josh Moody - U.S. News

One way the higher education landscape has evolved in recent years can be seen in the "ban the box" movement – also dubbed "beyond the box" by some proponents. In short, the movement encourages colleges and employers to not ask about criminal history on an application for admission or a job.

It's a move that former President Barack Obama embraced in 2015 and that numerous states and cities across the country have adopted in recent years to discourage employment discrimination against ex-prisoners.

Read more: https://www.usnews.com/education/best-colleges/articles/ban-the-box-opening-the-door-to-college-for-felons

What the Fair Chance Act Means for Government Contractors

by Peter Suciu - ClearanceJobs

The “Fair Chance Act” was signed into law as 2019 came to a close, just one part of the National Defense Authorization Act. It prohibits federal contractors that have openings for positions within the scope of federal contracts, as well as all federal agencies, from inquiring about or otherwise seeking criminal history information from an applicant until after a conditional job offer has been extended.

Read more: https://news.clearancejobs.com/2020/01/14/what-the-fair-chance-act-means-for-government-contractors/

Lawsuit alleges Waterloo broke the law with “ban the box”

by Collin Dorsey - KWWL.com

The lawsuit filed against the City of Waterloo by the Iowa Association of Business and Industry alleges Waterloo is violating state law with the controversial "ban the box" ordinance.

The lawsuit cited a section of Iowa code that was championed by the Iowa ABI and was passed in 2017. It reads a city cannot pass any ordinance exceeding or conflicting with federal or state laws relating to hiring practices.

Read more: https://kwwl.com/2020/01/06/waterloo-facing-suit-over-ban-the-box/

Booker, Johnson’s “Ban the Box” Bill Passes House

Press Release from booker.senate.gov 

WASHINGTON, D.C. – A bill authored by U.S. Senators Cory Booker (D-NJ) and Ron Johnson (R-WI) to give formerly incarcerated individuals a better chance to find employment passed the U.S. House of Representatives today as part of the National Defense Authorization Act (NDAA). It will now be considered by the full Senate.

Read more: https://www.booker.senate.gov/?p=press_release&id=1031

U of I System Moves, But Doesn’t ‘Ban The Box’ On Applications

by Lee V. Gaines - will.iiinois.edu

Prospective undergraduate students applying to the University of Illinois’ three campuses won’t be asked about their criminal histories until after they’ve been admitted.

The change is reflected in the fall 2020 undergraduate application, and was in effect for some transfer students who applied for the upcoming spring 2020 semester, according to university officials.

Read more: https://will.illinois.edu/news/story/u-of-i-system-moves-but-doesnt-ban-the-box-on-applications

Missteps with background check forms can be costly

By: Brian D. Carlson - The Idaho Business Review

A recent decision by a federal appellate court underscores the importance of ensuring that forms used in connection with employer background checks comply with the strict requirements of the federal Fair Credit Reporting Act.

Read More: https://idahobusinessreview.com/2019/11/28/missteps-with-background-check-forms-can-be-costly/

Berkeley could ban criminal background checks in rental housing

By Natalie Orenstein - Berkeleyside

“Have you ever been convicted of a felony?”

For most prospective tenants in Berkeley, the question is a routine one, a quick “No” box to check on a housing application, in between the sections on employment history and personal references. But for residents who’ve been incarcerated, they know their “Yes” answer likely guarantees their application is destined for the recycling bin.

For years, the “Ban the Box” movement has pushed to prohibit employers from conducting criminal background checks on job candidates. Now several elected officials and a coalition of activists want Berkeley to become a rare city that prohibits the practice during the rental process too.

Read more: https://www.berkeleyside.com/2019/11/12/berkeley-could-ban-criminal-background-checks-in-rental-housing

Proposed Bill May Require Background Checks on Delivery Drivers

by Mackenna Moralez - Supply & Demand Chain Executive

After a woman in Boca Raton, Florida was murdered in her home by a delivery driver, a proposed bill would require background checks on delivery personnel.

In August, Evelyn Udell Smith of Boca Raton, Florida died after Jorge Luis Dupre Lachazo reportedly beat her death after delivering packages for Best Buy. Lachazo was employed by J.B. Hunt. 

According to the South Florida SunSentinel, delivery men showed up to deliver and install a new washer and dryer to Udell's home. Lachazo's delivery partner, David Gonzalez stepped outside to return some missed calls while Lachazo stayed inside to reportedly show Udell how to use her new appliances when the murder allegedly took place. 

Read more: https://www.sdcexec.com/transportation/news/21096909/proposed-bill-may-require-background-checks-on-delivery-drivers

Alderman wants to 'ban the box' about criminal history from all job applications in St. Louis

by Sara Machi - KSDK

ST. LOUIS — John Collins-Muhammad said he personally knows people who benefitted when St. Louis banned questions about prior criminal history from city job applications.

"I know a bunch of people that have benefited from this," Collins Muhammad, Ward 21 Alderman said. "I want to see everybody benefit from this."

He is now proposing to "ban the box," prohibiting all employers from using the questions on initial job applications.

"So many times we see it, when you mark that box, that's it for you, go try somewhere else," he said.

Read more: https://www.ksdk.com/article/news/local/alderman-ban-box-prior-criminal-history/63-307edc1e-f03a-4ec3-852f-a663fc1c782b