LexisNexis® Legal Newsroom
Employers Beware: Credit Checks May Expose You to Unwanted Discrimination Claims

By Mona M. Stone This Emerging Issues Analysis by attorney Mona Stone explores the issue of credit checks and discrimination. “Can an employer be sued based on its use of credit checks during hiring? Yes, at least according to the Equal Employment Opportunity Commission (EEOC),” writes...

The EEOC and Criminal Convictions: The State Attorney Generals Weigh In

The EEOC's lawsuits against BMW and Dollar General have not gone unnoticed by the state attorney generals. In a letter dated July 24, nine state attorney generals expressed their concerns to the EEOC commissioners who expressed strong disagreement with the EEOC's initiative on criminal convictions...

Employers Must "Think Outside the Box" When Hiring in Seattle: New "Ban the Box" Ordinance Restricts Use of Criminal Background Checks

10 states and more than 50 municipalities and counties have some form of "ban the box" legislation, regulations, or ordinances on their books. Earlier this summer, the city of Seattle, Washington joined them, and on November 1, 2013, Seattle's new "ban the box" ordinance goes...

Bill Would Limit Use of Criminal Histories for Delaware Employers

So-called “ban-the-box” initiatives, which limit employers’ inquiries into an applicant’s criminal history, have been adopted by several cities and municipalities. Philadelphia adopted such a law in the Spring of 2011. The City of Wilmington joined the ban-the-box bandwagon in...

San Francisco Employers Must Limit Criminal History Inquiries

San Francisco has joined several other cities in enacting “ban the box” legislation to restrict the ability of private employers to inquire about and consider criminal history information for employment purposes. San Francisco’s recently enacted Fair Chance Ordinance takes effect August...

New Law Restricts Ability of Employers in New Jersey to Ask Job Applicants If They Have Criminal Records

On August 11, 2014, New Jersey Governor Chris Christie signed into law the New Jersey Opportunity to Compete Act , Pub. L. 2014, ch. 32 (the “Opportunity to Compete Act,” the “NJOCPA,” or the “Act”), which takes effect on March 1, 2015. The Opportunity to Compete Act...

An Employer Should Never Ask About Disability or Religion. Except When It Should.

Everybody knows that an employer should never, ever, ever ask an applicant about religion or disability until after a conditional offer of employment has been made. And maybe not even then. Right? Right? Well, mostly right. But, as a couple of EEOC lawsuits show, there may be times when you have...