November 21, 2014 |


Illinois | Legislative Updates - Ban the Box Laws Gathering Momentum


Illinois has become the fifth state to pass a "ban the box" law, which prohibits employers from screening job applicants by inquiring into their criminal backgrounds.


November 22, 2014 | Tucson, AZ | Banning the Box is Good for All Tucson Mayor and Council took important steps to ensure that every person in our community has the ability to live a life free of prejudice and persecution.


November 24, 2014 | Minnesota | What 'Ban the Box' Means for Employers Minnesota employers were supposed to stop asking about criminal histories on preliminary job applications, but the state recently reported that 40 of 50 companies investigated violated the new law.


November 25, 2014 | Allegheny County, PA | County Bans the (Criminal Background) Box Job applicants to Allegheny County will no longer have to check a box indicating whether they have been convicted of a crime.


December 01, 2014 | Columbia, Missouri | City Council Gives 'Ban the Box' Unanimous OK The Columbia City Council unanimously approved the “ban the box” ordinance prohibiting employers from asking about applicants‟ criminal histories or conducting background checks before making a job offer.


December 08, 2014 | Syracuse, NY | Syracuse City Council Passes Ban the Box Ordinance The city council voted 8-1 to pass a Ban the Box ordinance.


December 09, 2014 | Mobile, Alabama | Mobile City Council Supports 'Ban the Box' The Mobile City Council voted unanimously to approve a resolution imploring the Mobile County Personnel Board to "Ban the Box" pertaining to past criminal offenses on employment applications.


FCRA Class Action Lawsuits OVERVIEW My favorite article title for 2014 is „the FCRA is the new FSLA.” This


title appropriately calls out the heightened attention the FCRA received during the year. In our articles we identified at least 20 cases that have been filed including at one stretch from June to July where a dozen FCRA class action lawsuits were filed. To say the “train has left the station” on FCRA lawsuits is an understatement because it seems more like an avalanche.


The peculiar reality about the vast majority of these class action lawsuits is that they deal with companies not following the administrative procedures and requirements of FCRA. For example, it is a well- established principle and practice when conducting background checks to have a stand-alone „Release and Acknowledgement‟ form for job applicants to sign. This is one of the fundamental requirements of the FCRA to provide applicants with notice of the intent to conduct a background check and to get their permission. This core requirement is discussed by Les Rosen, author of the first book on and definitive text on background screening in „The Safe Hiring Manual-The Complete Guide to Keeping Criminals, Terrorists and Imposters Out of Your Workplace,‟ published by Facts on Demand Press in September 2004.* This was ten years ago, so how did we end up here, where companies are incorporating other requirements in the release form or not making it a separate document or doing other things contrary to explicit requirements of the law?


While I am sure there is plenty of blame to go around regarding how organizations have gotten themselves in this position, putting who is to blame for this travesty aside, to quote the famous words of Isaac Marion, “We are where we are.” And, the good news is that addressing these fundamental


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