House Passes Bill Restricting Employer Credit Checks

by Nancy L. Gunzenhauser Popper and Amanda M. Gomez - The National Law Review

On January 29, 2020, the House of Representatives passed the Comprehensive CREDIT Act of 2020 (the “Act”), which would change federal laws pertaining to consumer reporting agencies and credit checks in a number of ways. Significantly for employers, the Act includes an amendment (originally H.R. 3614 – “Restricting Credit Checks for Employment Decisions Act”) to the Fair Credit Reporting Act (“FCRA”), which would restrict the use of credit information for most employment decisions.

Read more: https://www.natlawreview.com/article/house-passes-bill-restricting-employer-credit-checks

A World Without Privacy Will Revive the Masquerade

by Jonathan Zittrain - The Atlantic

Twenty years ago at a Silicon Valley product launch, Sun Microsystems CEO Scott McNealy dismissed concern about digital privacy as a red herring: “You have zero privacy anyway. Get over it.”

“Zero privacy” was meant to placate us, suggesting that we have a fixed amount of stuff about ourselves that we’d like to keep private. Once we realized that stuff had already been exposed and, yet, the world still turned, we would see that it was no big deal. But what poses as unsentimental truth telling isn’t cynical enough about the parlous state of our privacy.

Read more: https://www.theatlantic.com/technology/archive/2020/02/we-may-have-no-privacy-things-can-always-get-worse/606250/

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