Updates on Biometrics in the Workplace: Scanning the Legal Landscape in New York and Beyond

by Susan Gross Sholinsky, Shawndra G. Jones, Brian G. Cesaratto - Epstein Becker & Green

As businesses find useful new ways to harness the evolving technology that captures and analyzes human biometric data, legal regulation of such technology’s usage is also developing, responding to concerns about personal privacy and control over personally identifying information. With a few states—notably, Illinois, Texas, and Washington—having taken the lead on protecting individual rights and restricting the collection and use of biometric information by requiring notice and consent, New York City has also recently enacted new rules that limit the collection, storage, and dissemination of such personal data.

Read more: https://www.ebglaw.com/insights/updates-on-biometrics-in-the-workplace-scanning-the-legal-landscape-in-new-york-and-beyond/

Bolder, Broader "Ban the Box" Laws: How to Navigate Ever-Changing Criminal History Requirements

by Brian J. Clark and Lauren R. Stocks-Smith - Venable LLP

Over the last ten years, a flurry of "ban-the-box" laws have been enacted, on the state and local level. Such laws are now being passed at the federal level. In response, many employers reevaluated how they used criminal history screens and background checks in hiring. Now, lawmakers in several jurisdictions—like New York City, Philadelphia, and Illinois—are expanding existing laws, imposing new, more stringent requirements on employers. As a second wave of "fair chance" legislation starts to form, lawsuits related to criminal history screens and background checks have also intensified. The shifting legal landscape and growing risks of litigation present challenges for organizations large and small. Prudent employers will take this opportunity to review existing practices and build a compliant, flexible system for hiring new talent.

Read more: https://www.venable.com/insights/publications/2021/08/bolder-broader-ban-the-box-laws-how-to-navigate

New Requirements for Employers Using Criminal Background Checks in New York City

by Mark E. Brossman, Ronald E. Richman, Scott A. Gold - Schulte Roth & Zabel LLP

The New York City Commission on Human Rights (“Commission”) released its updated Legal Enforcement Guidance on the Fair Chance Act and Employment Discrimination on the Basis of Criminal History, which interprets the amendments to the New York City Fair Chance Act (“FCA”) that went into effect on July 29, 2021. We have previously written on the FCA’s ban on performing criminal background checks on applicants prior to a conditional offer of employment. The amendments provide additional employment protections to applicants and employees with a criminal history, pending criminal arrest or charges, or certain “non-convictions.”

Read more: https://www.srz.com/resources/new-requirements-for-employers-using-criminal-background-checks.html

Louisiana Employers Now Subject to “Fair Chance” Law

by Pamela Q. Devata and Jennifer L. Mora - Seyfarth

Seyfarth Synopsis: On June 16, 2021, Louisiana joined the growing list of states and localities with so-called “Fair Chance” laws by enacting its own law restricting an employer’s consideration of criminal history in hiring decisions. With an effective date of August 1, 2021, Louisiana employers should consider an immediate review of their criminal history screening policies to ensure compliance with the new law.

Read more: https://www.seyfarth.com/news-insights/louisiana-employers-now-subject-to-fair-chance-law.html

NYC Imposes New Limits On Use Of Criminal History In Hiring And Employment

by Timothy Gumaer, Fox Rothschild LLP - JDSupra

Inquiries into the criminal histories of job candidates and employees will be limited even further under amendments to New York City’s Fair Chance Act (FCA) that take effect July 29, 2021.

With the FCA’s expanding protection, employers are urged to review their job applications (as well as job postings, pre-hire paperwork, and onboarding documents) to ensure that they are incompliance with these new requirements.

Read more: https://www.jdsupra.com/legalnews/nyc-imposes-new-limits-on-use-of-2167408/

There Must be Real “Harm” Before One Can Sue Under FCRA: Good News for Employers Who Perform Background Checks

by Ross I. Molho and Iman Elkram - Clingen Callow & McLean, LLC

The United States Supreme Court recently held there must be a “concrete” harm before one can sue under the Fair Credit Reporting Act FCRA. TransUnion LLC v. Ramirez. This is good news for employers because background checks are implicated by FCRA, and denials of employment as a result of background checks are also governed by FCRA.

Read more: https://www.ccmlawyer.com/library/there-must-be-real-harm-before-one-can-sue-under-fcra-good-news-for-employers-who-perform-background-checks/

The Dust Hasn’t Settled Yet: Employers Must Continue to Be Thoughtful About Criminal Record Screening Policies

by Garrick Chan, Rod Fliegel - JD Supra

Last month, the new chair of the EEOC, Charlotte A. Burrows, was the keynote speaker at a conference regarding new research on criminal recidivism.1 The EEOC has been mostly quiet on the topic of criminal background checks and Title VII since the U.S. Court of Appeals for the Fifth Circuit upheld an order enjoining the EEOC from enforcing its Enforcement Guidance against the State of Texas.2 Chair Burrows’ comments reveal the EEOC remains keenly interested in this subject. But this is just one of the reasons why employers, particularly those operating in multiple jurisdictions with a high concentration of entry-level jobs, must continue to be thoughtful about criminal record screening policies. The other reasons include the risk of disparate impact class actions by the plaintiff’s bar, regulatory actions by local fair employment agencies, and increased claims activity by individual plaintiffs, particularly in California and New York. And these concerns fall against the backdrop of widespread class actions under the federal Fair Credit Reporting Act (FCRA).3

Read more: https://www.jdsupra.com/legalnews/the-dust-hasn-t-settled-yet-employers-1246648/

Legalization of marijuana expected to have little impact on workplace

by Casey Fabris - The Roanoke Times

As July 1 nears, employers in Virginia are evaluating what the commonwealth’s legalization of marijuana for recreational use means for the workplace.

Experts say the change in the law doesn’t require major adjustments from employers, but it might prompt some to change common policies and practices, such as drug testing.

Read more: https://roanoke.com/business/local/legalization-of-marijuana-expected-to-have-little-impact-on-workplace/article_389ad3b2-d534-11eb-a3f5-5f4bf7fc52ff.html

State Supreme Court Partially Upholds Waterloo's 'Ban The Box' Ordinance

by Kate Payne - Iowa Public Radio

The Iowa Supreme Court has upheld parts of a Waterloo “ban the box” ordinance preventing businesses from asking about prospective employees’ criminal histories on job applications. The court struck down other parts of the measure, which is meant to boost employment and reduce recidivism.

Read more: https://www.iowapublicradio.org/ipr-news/2021-06-18/state-supreme-court-partially-upholds-waterloos-ban-the-box-ordinance

Personal info to be kept off court documents

by Julie Riddle - The Alpena News

ALPENA — Private information will soon be a little less public thanks to a change to court rules that shields birth dates and other identifying information from public consumption — a change that could stand in the way of residents in search of a job or a home, critics say.

Read more: https://www.thealpenanews.com/news/local-news/2021/06/personal-info-to-be-kept-off-court-documents/