Accurate Background recently published Compliance Updates regarding the District of Columbia and San Francisco’s “Ban the Box” legislation. This legislation continues to be introduced across the country. New Jersey, Illinois, as well as Rochester NY and Baltimore MD have also recently joined in on the “Ban the Box” trend. Below is a high-level summary of what you need to know regarding recent litigation in these states and jurisdictions.
New Jersey
On August 11, 2014, Gov. Chris Christie signed The Opportunity to Compete Act. New Jersey’s “Ban the Box” legislation applies to private sector employers, affecting any employer who employs 15 or more employees, including employment agencies. The Act will preempt the 2012 Newark NJ “Ban the Box” legislation, which means Newark employers should no longer be required to provide specific details with their pre-adverse action notices, among other changes, once this goes into effect. The Act will take effect March 1, 2015.
Illinois
On July 19, 2014, Gov. Pat Quinn signed the Job Opportunities for Qualified Applicants Act. Illinois’ “Ban the Box” legislation applies to most private sector employers, affecting any employer who employs 15 or more employees, including any agent of the employer, and temporary agencies. The Act will take effect January 1, 2015.
Rochester NY
On May 22, 2014, Mayor Lovely A. Warren signed Ordinance No. 2014-155. The city’s “Ban the Box” legislation now applies to private businesses where the work is primarily conducted, affecting employers who employ 4 or more employees, including contract and temporary workers. This also includes temporary agencies. The Ordinance will take effect November 18, 2014.
Baltimore MD
On May 15, 2014, Mayor Stephanie Rawlings-Blake signed An Ordinance Concerning “Ban the Box” – Fair Criminal Record-Screening Practices. Baltimore’s “Ban the Box” legislation has now been expanded to the private sector, affecting employers who employ 10 or more full-time equivalent employees in the City of Baltimore, including contract and temporary workers. This also includes temporary agencies. The Ordinance took effect August 13, 2014.
For more detailed information on these Ban the Box initiatives, please see Accurate Background’s Compliance Update for New Jersey, Illinois, Rochester NY and Baltimore MD.
Recommendations*
Now is the time to review, and discuss with your legal counsel, your organization’s policies and procedures, including your application for questions relating to criminal history, guidelines and documentation for your hiring process, and your pre-adverse action process to ensure your compliance with the changing laws.
For more information regarding recent Ban the Box initiatives in other states and jurisdictions, visit our Legislative Updates page.
*Please note: This blog is provided for educational purposes only and is not intended to be legal advice, either expressed or implied. Accurate Background recommends that you consult with your legal counsel regarding all employment regulations.
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