9/20/2012. Background Checks Under Fire: Is Your Screening Process at Risk?
|
|
- Emory Perry
- 5 years ago
- Views:
Transcription
1 Background Checks Under Fire: Is Your Screening Process at Risk? 2 1
2 Presenter Angela Bosworth, JD Vice President of Compliance and General Counsel, EmployeeScreenIQ LinkedIn: Angela is an attorney with 23 years of practice in hiring issues, privacy, EEO law, FCRA and state regulatory issues surrounding the background screening and hiring process. 3 Current Climate US Bureau of Labor Statistics: 15 million Americans unemployed, 8.3% unemployment according to August 2012 jobs report 8.2 million people are working part-time involuntarily. An additional 2.5 million want to work and are available for work, but have given up their search. Together, this means that 23.6 million are either unemployed or underemployed, resulting in a real unemployment rate of 15.0 percent. The average unemployed person is out of work for 38.8 weeks, or for over 9 months. Only 2.8 million available jobs 4-10 people applying for every job (not including currently employed who are seeking new or better jobs) Recovery from recession has been slow and these estimates are conservative 4 2
3 So Many Applicants Pressure on recruiters/employers to screen hundreds of applicants for one opening Employers have narrowed their sourcing methods Companies are afraid to use broad distribution services Some don t even post jobs and go only to one networking site for example, a hiring manager s alumni association, Linked In 5 So Many Applicants (cont.) Employers seek ways to streamline the process Automation through Applicant Tracking Systems Lax compliance with Fair Credit Reporting Act requirements for written consent, adverse action notices 6 3
4 Rejected Applicants Fight Back A rejected job seeker has 180 to 300 days to file a charge with the Equal Employment Opportunity Commission (EEOC) EEOC and Plaintiff s attorneys are filing record number of cases FCRA related lawsuits on the rise Plaintiff s attorneys are actively seeking claimants 7 FCRA Compliance Landscape Negligent Hiring Litigation Lawsuits Discrimination Legislation EEOC Risk Management 8 4
5 The Legal Claims Potential Legal Claims Include: EEO Law Discriminatory hiring practices under Title VII Failure to hire Class actions claiming disparate impact Ban the Box FCRA Statutory Claims under the FCRA 9 Discrimination Claims and the EEOC 10 5
6 Consequences of Narrowing the Pool of Potential Applicants Can lead to an unbalanced field that lacks racial diversity Can lead to homogenous pools Unintended impact: The unemployment rate for blacks and African Americans, at 14.1 percent, is nearly double the rate for whites (7.4 percent); moreover, the share with a job is 52.8 percent, 6.4 percentage points below the share for whites. Blacks: 14.1% Hispanics: 12.2% Whites: 7.4% 11 Title VII of the Civil Rights Act of 1964 Prohibits discrimination in employment based on race, gender, national origin, and other protected classes Two types of discrimination in employment: Prohibits employers from making hiring decisions based on race Prohibits employers from using selection procedures that have Disparate Impact Enforced by the Equal Employment Opportunity Commission 12 6
7 EEOC Weighs In EEOC Guidance: an absolute bar to employment ( blanket policies )based on the fact that an individual has had a criminal conviction is unlawful under Title VII EEOC s 2012 Strategic Plan: Main focus is on enforcement of disparate impact, systemic discrimination cases. Over 100 cases currently pending where claims are based on alleged unlawful practices in the use of criminal background checks 13 EEOC E-RACE Eradicating Racism and Colorism from Employment ( Focused on eliminating barriers to employment Targets use of credit, systemic discrimination, as well as criminal history 14 7
8 EEOC Political Landscape 5 Commissioners Chair Jacqueline Berrian appointed in 2010 with a mandate to aggressively pursue E-Race agenda and investigate claims of systemic discrimination and disparate impact. 2 Republican appointees: Lipnick and Barker 3 D s: Ishamoru, Berrian, Feldblum 15 Definition: Disparate Impact When an employer s decision making or selection process is neutral on it s face, but has an adverse impact on a protected class under Title VII 16 8
9 Relevant Cases Green v. Missouri Pacific Railroad (1975) El v. SEPTA (2007) :Plaintiff was denied job due to a bright line policy. 40 yr. old gang related homicide conviction. Court upheld SJ for the employer saying plaintiff did not produce sufficient evidence. Mixed result for employers. Hudson v. First Transit (settled 2011): school bus transportation giant settled class action claim alleging a blanket policy Pepsi (settlement 2012): 3.1M settlement for a policy that allegedly excluded applicants with arrest records EEOC v. Kaplan: pending case alleging use of credit caused disparate impact discrimination EEOC v. Freeman: pending class action brought by EEOC involving criminal and credit 17 Proving Disparate Impact Plaintiff must prove the challenged practice or selection device has a substantial adverse impact on a protected group Typically, this proof is offered through statistical comparisons, which may be challenged by the defendant Employer s defense is to show that the practice is job-related for the position in question and consistent with business necessity Plaintiff may still prevail by showing the employer has refused to adopt an alternative employment practice which would satisfy the employer's legitimate interests without having a disparate impact on a protected class (less discriminatory) 18 9
10 The Rationale for Disparate Impact Statistical evidence shows that African Americans make up a disproportionate number of the total arrests in the US (28.3%) when compared to their share of the total population (12.9%) Thus policies that limit employment based on arrests or other criminal history may disproportionately impact African Americans and Latinos because they are over-represented in the criminal justice system 19 April 2012: EEOC New Guidance on Use of Criminal Records Old Guidance: Green Factors: To prevent discriminatory practices when using criminal records, employers must take into account: Nature and gravity of the offense or offenses Amount of time that has passed since the conviction and/or completion of the sentence Nature of the job held or sought 20 10
11 April 2012: EEOC New Guidance on Use of Criminal Records New Guidance: Greene factors still apply New guidance starts with a de facto presumption that use of criminal history has a discriminatory effect. New Requirement: The employer develops a targeted screen considering at least the nature of the crime, the time elapsed, the nature of the job (the Green factors). The employer s policy then provides an opportunity for an individualized assessment for those people identified by the screen, to determine if the policy as applied is job related and consistent with business necessity. 21 Individualized Assessment "Individualized assessment generally means that an employer informs the individual that he may be excluded because of past criminal conduct; provides an opportunity to the individual to demonstrate that the exclusion does not properly apply to him; and considers whether the individual's additional information shows that the policy as applied is not job related and consistent with business necessity. "The individual's showing may include information that he was not correctly identified in the criminal record, or that the record is otherwise inaccurate." 22 11
12 Factors to Consider for Individualized Assessment Factors to consider for Individualized Assessment: 1. Facts or circumstances surrounding the offense or conduct 2. The number of offenses for which the individual was convicted 3. Older age at the time of conviction, or release from prison 4. Evidence that the individual performed the same type of work postconviction, with the same or a different employer, with no known incidents of criminal conduct 5. The length and consistency of employment history before and after the offense or conduct 6. Rehabilitation efforts (e.g., education/training) 7. Employment or character references and any other information regarding fitness for the particular position 8. Whether the individual is bonded under a federal, state, or local bonding program 23 And There s More Best Practices Identified by the EEOC in the Guidance: Defer inquiries about convictions until after the application phase. (Ban the Box) Develop a narrowly tailored written policy and procedure for screening applicants and employees for criminal conduct. The policy should identify essential job requirements and the actual circumstances under which the jobs are performed. The policy should determine the specific offenses that may demonstrate unfitness for performing such jobs, and the duration of exclusions for criminal conduct. Record the justification for the policy, procedures, and exclusions, including a record of consultations and research considered in crafting the policy and procedures. Train managers, hiring officials, and decision makers on how to implement the policy and procedures consistent with Title VII
13 Huh? SOME PRACTICAL CONSIDERATIONS FOR COMPLIANCE 1. Eliminate policies with blanket exclusions (those that exclude applicants with any criminal record). 2. Review your paper job applications and pre-hire documents. If you are using an ATS or web based applicant entry system, consider whether the forms include inquires about criminal history. 3. Limit inquiries about criminal convictions to those which are job related. 4. While individual assessment is not required by Title VII, the guidance implies that without it, you will have a more difficult defense. No examples are given of a scenario where an employer is successful without individualized assessment. 5. If an individual does not respond to an employer s request for additional information, the employer can make a final decision without the additional information. How long or under what circumstances an employer must wait is not clear. 6. If you use a third party CRA to conduct criminal screenings, review your packages and their reporting policies to ensure compliance. 25 Huh? 7. If you use a third party CRA to adjudicate criminal results, consider building in a review process to comply with the individualized assessment recommendations. 8. Consider FCRA adverse action procedures and ways to incorporate the request for additional information needed for individualized assessments with Adverse Action letters. 9. Note that simply having a reputation for discouraging applicants based on race may invite investigation by the EEOC. 10. Large applicant pools have greater potential for disparate impact, so big employers with high turnover should seek counsel in determining the best means of compliance. 11. Compliance with a Federal law/mandate that conflicts with the Guidance is a defense. 12. State and local mandates are NOT a defense. They are pre-empted by Title VII if they purport to require or permit the doing of any act which would be an unlawful employment practice under Title VII
14 Ban The Box A movement to prohibit employers from asking about criminal history on the application Most laws prohibit asking about criminal history at the application stage Traditionally done by eliminating the checkbox on the application Have you been convicted of a criminal offense? 27 Political Landscape for Ban the Box Unprecedented unemployment. Presidential election year. It s the economy, stupid Sympathetic media that exposes the challenges faced by ex-convicts in finding work given the economic climate and criminal past Need to integrate ex-offenders into the workplace Activist groups mobilized, such as NELP, NCLC 28 14
15 Rationale for Banning the Box Proponents Claim: Qualified workers are being eliminated prematurely from consideration Ex-offenders are being eliminated and cannot find work Effect is a culling of the applicant pool Legal argument for equal opportunity: checkbox can lead to disparate impact discrimination due to the high percentage of minority arrests 29 Employer s Perspective Employers want the right to screen who they want, when they want Laws are being adopted on both state and local level, increasing the difficulty in compliance How to handle doing business in multiple jurisdictions? Challenges in adopting policies that will work for all workers, no matter what state/city Need to regularly update forms and educate hiring managers and HR How to handle contractors, 1099 employees? 30 15
16 California Connecticut Hawaii Massachusetts Minnesota New Mexico New York Pennsylvania Wisconsin States that Ban the Box 31 Ban the Box: California (2010) Ban the Box applies to State Employment only California State Personnel Board Standard application does not ask for information on conviction history If the applicant is applying for a position to which a criminal record is pertinent, they are required to complete a Criminal Record Supplement Questionnaire Not all positions or applications require the questionnaire 32 16
17 Ban the Box: Connecticut (2010) Ban the Box applies to State Employment or Licensure State employers and licensing agencies must wait until a conditional offer has been made before obtaining a criminal background check Requires the state or licensing agency to consider nature of the crime and relationship to the job, rehabilitation information, and the time elapsed since conviction or release before making a decision Requires the state or licensing board provide applicant with a written letter of rejection stating the evidence/reason Prohibits use of arrest that did not lead to conviction or convictions that have been sealed/erased 33 Ban the Box: Hawaii (1998) Ban the Box applies to public and private employment Prohibits inquiry until after a conditional offer has been made Offer may be withdrawn if a conviction bears a rational relationship to the duties Employers may only consider conviction records within the most recent 10 years Use of arrest or court record is defined as a discriminatory practice (HRS section 378-2) 34 17
18 Ban the Box: Massachusetts (2010) Ban the Box applies to employers, volunteer coordinators and professional licensing agencies Illegal to request criminal information on initial application form Exceptions if there is a state law prohibiting hiring persons with felonies or criminal history Employer required to provide a copy of the criminal record if used for adverse decision 35 Ban the Box: Minnesota (2009) Ban the Box applies to state and local government employees Prohibits public employers or licensing agency from inquiring into criminal history until after applicant has been selected for an interview Prohibits disqualification for job or license unless conviction is directly related Set factors for job relatedness Applicant may not be disqualified if they can show evidence of rehabilitation, and fitness to perform the duties Arrests not resulting in convictions cannot be used 36 18
19 Ban the Box: New Mexico (2010) Ban the Box applies to State employees Prohibits inquiry on an initial job application Applicant s criminal history may only be considered after selected as a finalist Convictions may not serve as automatic bar to public employment or licensure Prohibits use of arrest if not followed by conviction and misdemeanor not involving moral turpitude 37 New York (1977) Anti-discrimination law applies to private and public employment and licensing Prohibits unfair discrimination against persons with previous convictions Prohibits disqualification of candidate solely or in part on the criminal history or lack of good moral character unless there is a direct relationship between conviction and employment or license or would create an unreasonable risk to property, individuals or general public Law has list of factors to be considered 38 19
20 Pennsylvania (1979) Limits on use of criminal records applies to private sector Prohibition of use of criminal records that do not relate to the applicant s suitability for employment Requires employers to provide written notification if a determination not to hire was based whole or in part on the criminal info Allows state agencies to consider criminal history for licensure Prohibits consideration of non-conviction arrests 39 Wisconsin (1981) Anti-discrimination law applies to both public and private Prohibits employment discrimination in on the basis of arrest or conviction Applicant may not be denied employment unless the conviction is substantially related to the job or licensed activity 40 20
21 Local Jurisdictions: Ban the Box Alameda Co, CA Atlantic City, NJ Austin, TX Baltimore, MD Berkeley, CA Boston, MA Bridgeport, CT Cambridge, MA Chicago, IL Cincinnati, OH Cleveland, OH Cumberland Co, NC Detroit, MI Hartford, CT Jacksonville, FL Kalamazoo, MI Memphis, TN Minneapolis, MN Multnomah Co, OR Muskegon Co, MI New Haven, CT New York, NY Norwich, CT Oakland, CA Philadelphia, PA Providence, RI San Francisco, CA Seattle, WA St. Paul, MN Travis County, TX Washington, DC Worcester, MA 41 Final Thoughts on Ban the Box Coming soon to a city or state near you EEOC Guidance may set up a de facto Ban the Box situation If doing business in multiple jurisdictions, be on the watch Federal legislation for a nation-wide ban the box was introduced 8/2012, but is DOA as the bill s sponsor just lost his primary 42 21
22 Fair Credit Reporting Act Smith v. Capital One, N.A., No. 1:11-cv RDB (D. Md.). Burying the background check authorization in the job application Including extraneous information Failing to provide copies of the reports when it used them to take adverse employment actions, such as refusing to hire an applicant, refusing to promote an employee or terminating an employee 43 Fair Credit Reporting Act Singleton v. Domino's Pizza, LLC, 2012 U.S. Dist. LEXIS 8626 (D. Md. Jan. 25, 2012): class action ran background checks on employees without proper authorization; and systematically failed to provide employees with copies of their background checks prior to taking adverse employment action against them
23 Employers Caught in the Middle Need to maintain safe workplace Threat of negligent hiring, negligent retention lawsuits Public interest served in conducting background checks (NASA v. Nelson, US Supreme Ct. January 12, 2011) vs. Avoiding discrimination Maintaining appropriate hiring pool Federal and state consumer protection laws Restrictions on how to conduct appropriate screening, following FCRA, FTC, EEOC 45 Final Considerations Bring together stakeholders in your organization: HR, security, IT, legal Audit policies and procedures Consider incorporating EEOC Guidelines in policies Avoid blanket policies such as an outright ban on a past criminal record Match hiring criteria with job descriptions to prove business necessity and job relatedness (and put these in writing!) How do you document business necessity? Review hiring policies for contract workers/temporary employees If you are using an outside staffing resource, audit their practices and review their advertisements 46 23
24 Thank You 24
Background Checks and Ban the Box Legislation. November 8, 2017
Background Checks and Ban the Box Legislation November 8, 2017 Presented By Uzo Nwonwu Littler, Kansas City UNwonwu@littler.com, 816.627.4446 Jason Plowman Littler, Kansas City JPlowman@littler.com, 816.627.4435
More informationBackground Checks: Title Goes Here. Best Practices & Legal Compliance. Presented By: Stephen R. Woods Gustavo A. Suarez
Background Checks: Title Goes Here Best Practices & Legal Compliance Presented By: Stephen R. Woods Gustavo A. Suarez Background Check Process 1. Determining Whether and When a Background Check Can Be
More informationEEOC Enforcement Guidance on Criminal Background Checks. By: Jonathan G. Rector, Associate Attorney Crowe & Dunlevy
EEOC Enforcement Guidance on Criminal Background Checks By: Jonathan G. Rector, Associate Attorney Crowe & Dunlevy Title VII Title VII (Civil Rights Act of 1964) prohibits employment discrimination based
More informationCriminal Records and Employment: Legal Update and Guidance on Compliance in a Continuously Changing Legal Environment
Criminal Records and Employment: Legal Update and Guidance on Compliance in a Continuously Changing Legal Environment Rod M. Fliegel Shareholder Chair, Hiring and Background Checks Practice Group San Francisco
More informationEmployment Rights and Criminal Records. May 9, 2018
Employment Rights and Criminal Records May 9, 2018 Employment Law: The Basics Employment at Will - The general rule is that the employer or the employee can terminate the relationship for any reason and
More informationEmployee Rights and Employer Responsibilities in a New Era of Criminal Background Checks for Employment
Employee Rights and Employer Responsibilities in a New Era of Criminal Background Checks for Employment EEOC Technical Assistance Program Seminar September 10, 2009 Pasadena, CA Maurice Emsellem Policy
More informationFair Chance Hiring: Reducing Criminal Records Barriers to Employment Improves Public Safety and Builds Stronger Communities
Fair Chance Hiring: Reducing Criminal Records Barriers to Employment Improves Public Safety and Builds Stronger Communities The University of Texas School of Law November 14, 2014 Maurice Emsellem National
More informationUnderstanding Criminal Record Searches
Understanding Criminal Record Searches Presented by: Sandra Brewer Pinnacle Investigations seminars are presented as a service to educate organizations on best practices in background screening and should
More informationAfrican American Male Unemployment & the Role of Criminal Background Checks.
African American Male Unemployment & the Role of Criminal Background Checks. Center for American Progress June 19, 2009 February 11, 2008 Maurice Emsellem Oakland, California (510) 663-5700 emsellem@nelp.org
More informationCriminal Background Check Laws Can Complicate Hiring Decisions
Criminal Background Check Laws Can Complicate Hiring Decisions Mitchell Boyarsky and Peter J. Dugan New York Law Journal October 22, 2012 Across the United States, employers regularly conduct criminal
More informationEXPERT ANALYSIS Heightened Restrictions on Use of Criminal Background History: What Employers Need To Know
Westlaw Journal EMPLOYMENT Litigation News and Analysis Legislation Regulation Expert Commentary VOLUME 31, ISSUE 16 / FEBRUARY 28, 2017 EXPERT ANALYSIS Heightened Restrictions on Use of Criminal Background
More informationChart #5 Consideration of Criminal Record in Licensing and Employment CHART #5 CONSIDERATION OF CRIMINAL RECORD IN LICENSING AND EMPLOYMENT
CHART #5 CONSIDERATION OF CRIMINAL RECORD IN LICENSING AND EMPLOYMENT State AL licensing, public and private (including negligent hiring) licensing and public licensing only public only Civil rights restored
More informationFair Chance Hiring. Economic Development Committee, April 17, Beverly Davis, Assistant Director, Fair Housing and Human Rights Office
Fair Chance Hiring Economic Development Committee, April 17, 2017 Beverly Davis, Assistant Director, Fair Housing and Human Rights Office Background Dallas City Council was briefed on Ban The Box and Fair
More informationHot HR Legal Topics Criminal Background Checks
Charting the Course for Success Volusia/Flagler SHRM May 20, 2015 Hot HR Legal Topics Criminal Background Checks Presented by Greg Snell gsnell@foley.com Attorney Advertising Prior results do not guarantee
More informationConference on Criminal Records and Employment
Conference on Criminal Records and Employment Title VII, Adverse Impact, and Criminal Records as a Selection Device, Matrix Approaches, and the Uniform Selection Guidelines David Lopez General Counsel,
More informationFair Chance Hiring. Economic Development and Housing Committee, September 5, 2017
Fair Chance Hiring Economic Development and Housing Committee, September 5, 2017 Beverly Davis, Assistant Director, Fair Housing and Human Rights Office Background The City removed general criminal history
More informationFrequently Asked Questions about EEOC Guidance on Consideration of Criminal History
Frequently Asked Questions about EEOC Guidance on Consideration of Criminal History Texas law precludes school district employment for persons with certain criminal history. The federal Equal Employment
More informationEMPLOYMENT APPLICATION WATER PIK, INC. a subsidiary of CHURCH & DWIGHT CO., INC. An Equal Opportunity Employer
EMPLOYMENT APPLICATION WATER PIK, INC. a subsidiary of CHURCH & DWIGHT CO., INC. An Equal Opportunity Employer *Required fields are highlighted in yellow. THIS APPLICATION DOES NOT CREATE A CONTRACT OF
More informationEmployment Rights of People with Criminal Convictions
Employment Rights of People with Criminal Convictions Pathways to Employment Conference January 29, 2016 Armando Aguilar, CADC II Margaret Stevenson, JD San José State University Record Clearance Project
More informationCriminal Background Checks
Criminal Background Checks Sonia Lee, Director of Affiliate Financial Services Habitat for Humanity International We build strength, stability and self-reliance through shelter. Today s Goal Gain a basic
More informationJanette Levey Frisch, Esq. Joulé, Inc. Donald J. Cayea, Esq. Litchfield Cavo, LLP
B a c k g ro u n d C h e c k s : EMPLOYER BEWARE! Janette Levey Frisch, Esq. Joulé, Inc. Donald J. Cayea, Esq. Litchfield Cavo, LLP YOU OWN a business. Like most business owners, you either employ people
More informationOverview of Boston s Population. Boston Redevelopment Authority Research Division Alvaro Lima, Director of Research September
Overview of Boston s Population Boston Redevelopment Authority Research Division Alvaro Lima, Director of Research September - 2011 Historic Trends Boston s Population Boston reached its population peak
More informationEEOC Issues Comprehensive Guidance Regarding Employers' Use of Criminal Background Information
A Publication of the American Bar Association Section of Labor and Employment Law EEOC Issues Comprehensive Guidance Regarding Employers' Use of Criminal Background Information On April 25, 2012, the U.S.
More informationRoad to Re-Entry: Criminal Records, Ban the Box and Getting Back into the Workforce
Road to Re-Entry: Criminal Records, Ban the Box and Getting Back into the Workforce Clifford L. Hammond Foster Swift, P.C. 28411 Northwestern Highway Suite 500 chammond@fosterswift.com 248.538.6324 What
More informationReporting and Criminal Records
A project funded by U.S. Department of Labor and U.S. Department of Justice Reporting and Criminal Records Considerations for Writing about People Who Have Criminal Histories June 13, 2018 Presenters Corinne
More informationState Reforms Reducing Collateral Consequences for People with Criminal Records
A project of State Reforms Reducing Collateral Consequences for People with Criminal Records Tuesday, Sept. 25, 2012 Panelists: Rachel Bloom, ACLU; Nicolette Chambery, CBI; Roberta Meyers, LAC/HIRE; Nicole
More informationCRIMINAL BACKGROUND CHECKS:
CRIMINAL BACKGROUND CHECKS: Evolution of the EEOC s Updated Guidance and Implications for the Employer Community May 2012 AUTHORS Barry A. Hartstein Rod M. Fliegel Marcy L. McGovern Jennifer L. Mora IMPORTANT
More informationBy 1970 immigrants from the Americas, Africa, and Asia far outnumbered those from Europe. CANADIAN UNITED STATES CUBAN MEXICAN
In Search of the American Dream After World War II, millions of immigrants and citizens sought better lives in the United States. More and more immigrants came from Latin America and Asia. Between 940
More informationFirst Name MI Last Name Last 4 Digits of Social Security Number. City County State ZIP Code
APPLICATION FOR EMPLOYMENT Note: This application is not for use for positions in certain jurisdictions, including the District of Columbia, Philadelphia (PA), and New York City (NY). How did you hear
More informationModel State Legislation to Reduce Employment Barriers for People with Criminal Records
Model State Legislation to Reduce Employment Barriers for People with Criminal Records Hosted by: NELP, Sentencing Project, National H.I.R.E. Network November 22, 2011 Presenters: Michelle Natividad Rodriguez
More informationFair Chance Licensing Removing Barriers to Licensed Professions Facing People with Conviction Records
Fair Chance Licensing Removing Barriers to Licensed Professions Facing People with Conviction Records December 11, 2017 Beth Avery Staff Attorney bavery@nelp.org Approximately 70 million people in the
More informationThe Impact of Criminal Background Checks and the EEOC s Conviction Records Policy on the Employment of Black and Hispanic Workers
The Impact of Criminal Background Checks and the EEOC s Conviction Records Policy on the Employment of Black and Hispanic Workers Written Testimony submitted to The United States Commission on Civil Rights
More informationIndependent and Third-Party Municipal Candidates. City Council Election Reform Task Force April 8, :00 p.m.
Independent and Third-Party Municipal Candidates City Council Election Reform Task Force April 8, 2010 2:00 p.m. 28 of the 32 cities surveyed, or 88%, have non-partisan elections, so they do not have special
More informationExpungement & Beyond. Understanding and Addressing Criminal Records. EXPUNGEMENT 10/1/2015 WHAT ARE CRIMINAL RECORDS?
Expungement & Beyond Understanding and Addressing Criminal Records. Funding provided by Jay and Rose Phillips Family Foundation Joshua Esmay The Council on Crime and Justice EXPUNGEMENT WHAT ARE CRIMINAL
More informationCONCESSIONS/FOOD SERVICE EMPLOYEE APPLICATION CONCESSIONS OPEN CASTING CALL Wednesday, February 4 4:00pm - 6:30pm* NewBridge Bank Park
CONCESSIONS/FOOD SERVICE EMPLOYEE APPLICATION Please complete the following application IN FULL and bring it to our 2015 CONCESSIONS OPEN CASTING CALL Wednesday, February 4 4:00pm - 6:30pm* NewBridge Bank
More informationselassie Before the Senior Staff Attorney yment Law Project
Testimony of Tsedeye Gebres selassie National Employ yment Law Project In Support of New York City Fair Chance Act Before the New York City Council, Committee on Civil Rights Hearing on New York City Fair
More informationRepresentational Bias in the 2012 Electorate
Representational Bias in the 2012 Electorate by Vanessa Perez, Ph.D. January 2015 Table of Contents 1 Introduction 3 4 2 Methodology 5 3 Continuing Disparities in the and Voting Populations 6-10 4 National
More informationYour Committee, to which this proposal was referred, has amended the proposal to read as follows and recommends its adoption as amended.
Public Safety and Criminal Justice Proposal No. 4, 2014 Your Committee, to which this proposal was referred, has amended the proposal to read as follows and recommends its adoption as amended. CITY COUNTY
More informationHow are Ex Offenders impacted by
What is the Elected Officials' Role in Assisting Employment for Ex-Offenders? on behalf of the Texas Association of Black City Council Members presented by the Office of State Senator Royce West Thursday
More informationDaily Labor Report DISCRIMINATION
Daily Labor Report Reproduced with permission from Daily Labor Report, 213 DLR I-1, 11/01/2013. Copyright 2013 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com DISCRIMINATION Equal
More informationUnderstanding the Legal Landscape of Criminal Records in Hiring Decisions
Understanding the Legal Landscape of Criminal Records in Hiring Decisions Overview 01 02 03 Collateral Consequences of Criminal Convictions Policy Options for Addressing Criminal Records in Hiring Decisions
More informationTestimony on behalf of the. American Civil Liberties Union of the Nation s Capital. Stephen M. Block Legislative Counsel.
Testimony on behalf of the American Civil Liberties Union of the Nation s Capital By Stephen M. Block Legislative Counsel Before the Committee on Government Affairs and the Environment Of the Council of
More informationAlissa A. Horvitz Member Attorney
Alissa A. Horvitz Member Attorney Speaking Engagements December 13, 2018 December 7, 2018 How to Prepare for OFCCP Manager Interviews New Jersey Industry Liaison Group Meeting Pittsburgh Industry Liaison
More informationSTATE OMNIBUS BILLS AND LAWS January 1 June 30, 2011
State Chamber Bill # Status Title Summary AL H 56 Enacted This law addresses a range of topics including law enforcement, employment, education, public benefits, harbor/transport/rental housing, voting
More informationCase 1:18-cv Document 1 Filed 04/05/18 Page 1 of 16
Case 1:18-cv-02993 Document 1 Filed 04/05/18 Page 1 of 16 OUTTEN & GOLDEN LLP Adam T. Klein Ossai Miazad Lewis Steel Cheryl-Lyn Bentley Christopher McNerney 685 Third Avenue, 25th Floor New York, New York
More informationRecent employment law developments Use of credit checks and fact/length of unemployment? November 4 th, Senate passes ENDA 61-30
Recent employment law developments Use of credit checks and fact/length of unemployment? November 4 th, Senate passes ENDA 61-30 What will House do? EEOC Guidance on Criminal Background Checks (2012) Title
More informationPrison Price Tag The High Cost of Wisconsin s Corrections Policies
Prison Price Tag The High Cost of Wisconsin s Corrections Policies November 19, 2015 Wisconsin s overuse of jails and prisons has resulted in outsized costs for state residents. By emphasizing high-cost
More informationPromoting Second Chances: HR and Criminal Records
AL AK AZ AR CA CO CT DE DC FL GA HI ID IL IN Adult arrests without charges; records with inaccuracies Only cases of mistaken identity or false accusations are expungeable No expungement or sealing permitted
More informationIf you have questions, please or call
SCCE's 17th Annual Compliance & Ethics Institute: CLE Approvals By State The SCCE submitted sessions deemed eligible for general CLE credits and legal ethics CLE credits to most states with CLE requirements
More informationBan the Box Gives Ex-Offenders a Fresh Start in Securing Employment
Ban the Box Gives Ex-Offenders a Fresh Start in Securing Employment By C. W. Von Bergen and Martin S. Bressler Abstract C. W. VON VON BERGEN, PH.D., is the John Massey Professor of Management at Southeastern
More information5/16/2018 BAN THE BOX EEOC S 2012 ENFORCEMENT GUIDELINES. OAPT Annual Training Program CAN I ASK THAT? INTERVIEWING TIPS AND BEST PRACTICES
OAPT Annual Training Program BAN THE BOX CAN I ASK THAT? TIPS AND BEST PRACTICES C O N S U L T A N T S TO M A N A G E M E N T Illinois: Yes prohibits employers from considering or inquiring into a job
More informationOnline Appendix. Table A1. Guidelines Sentencing Chart. Notes: Recommended sentence lengths in months.
Online Appendix Table A1. Guidelines Sentencing Chart Notes: Recommended sentence lengths in months. Table A2. Selection into Sentencing Stage (1) (2) (3) Guilty Plea Dropped Charge Deferred Prosecution
More informationAugust 10, Arrest and Conviction Records as a Barrier to Employment
August 10, 2011 Chair Berrien Commissioners Ishimaru, Barker, Feldblum and Lipnic U.S. Equal Employment Opportunity Commission 131 M Street, N.E. Washington, DC 20507 By email to commissionmeetingcomments@eeoc.gov
More informationChecklist for Conducting Local Union Officer Elections
Checklist for Conducting Local Union Officer Elections This checklist has been developed by the Office of Labor-Management Standards (OLMS) to help election officials conduct union officer elections in
More informationSENATE, No STATE OF NEW JERSEY. 216th LEGISLATURE INTRODUCED FEBRUARY 24, 2014
SENATE, No. STATE OF NEW JERSEY th LEGISLATURE INTRODUCED FEBRUARY, 0 Sponsored by: Senator SANDRA B. CUNNINGHAM District (Hudson) Senator M. TERESA RUIZ District (Essex) Co-Sponsored by: Senators Pou,
More informationSentencing Commissions and Guidelines By the Numbers:
Sentencing Commissions and Guidelines By the Numbers: Cross-Jurisdictional Comparisons Made Easy By the Sentencing Guidelines Resource Center By Kelly Lyn Mitchell sentencing.umn.edu A Publication by the
More informationWHEN DISCRETION MEANS DENIAL: Criminal Records Barriers to Federally Subsidized Housing. October 26, 2016 Housing Action Illinois Conference
WHEN DISCRETION MEANS DENIAL: Criminal Records Barriers to Federally Subsidized Housing October 26, 2016 Housing Action Illinois Conference Criminal Records & Public Safety There is NO empirical evidence
More informationApplication for Employment
D & L WELD, INC. Industrial Services & Crane Rental 301 Wilson Street Martinsburg, WV 25401 Email to: info@dandlweld.com or Fax (304) 263-1166 (304) 263-1149 Application for Employment We consider applicants
More informationCriminal Offender Record Information (CORI) Balancing Individual Rights and Public Access
Criminal Offender Record Information (CORI) Balancing Individual Rights and Public Access May 18, 2005 The Boston Foundation and the Crime and Justice Institute Objective: Examine key questions and issues
More informationa rising tide? The changing demographics on our ballots
a rising tide? The changing demographics on our ballots OCTOBER 2018 Against the backdrop of unprecedented political turmoil, we calculated the real state of the union. For more than half a decade, we
More informationIncarcerated Women and Girls
Incarcerated and Over the past quarter century, there has been a profound change in the involvement of women within the criminal justice system. This is the result of more expansive law enforcement efforts,
More informationTRANSFORMING COMMUNITIES
TRANSFORMING COMMUNITIES S T R A T E G I E S T O C R E A T E J O B S A N D R E S T O R E O P P O R T U N I T Y June 2, 2011 Flint, MI ABOUT LAD Legal Aid and Defender Association, Inc. (LAD) provides free
More informationINSTITUTE of PUBLIC POLICY
INSTITUTE of PUBLIC POLICY Harry S Truman School of Public Affairs University of Missouri ANALYSIS OF STATE REVENUES AND EXPENDITURES Andrew Wesemann and Brian Dabson Summary This report analyzes state
More informationMajor U.S. Cities Adopt New Hiring Policies Removing Unfair Barriers to Employment of People with Criminal Records
Updated January 3, 2007 Major U.S. Cities Adopt New Hiring Policies Removing Unfair Barriers to Employment of People with Criminal Records Several major cities across the United States (including Boston,
More informationCriminal Background Checks
Criminal Background Checks Section: Chapter: Date Updated: V: Human Resources 12 June 14, 2012October 23, 2014 12.1 Criminal Background Check Requirements 12.1.1 Purpose The University of Texas at El Paso
More informationTHE USE OF CRIMINAL BACKGROUND CHECKS IN EMPLOYMENT: DARNED IF YOU DON T DO THEM CORRECTLY. DARNED IF YOU DON T DO THEM AT ALL 1
THE USE OF CRIMINAL BACKGROUND CHECKS IN EMPLOYMENT: DARNED IF YOU DON T DO THEM CORRECTLY. DARNED IF YOU DON T DO THEM AT ALL 1 By Morgan A. Godfrey O Meara, Leer, Wagner & Kohl, P.A. It has become standard
More informationCRAIN S CLEVELAND BUSINESS
PAID CIRCULATION CRAIN S CLEVELAND BUSINESS Cleveland, Ohio 44113 FIELD SERVED: CRAIN S CLEVELAND BUSINESS serves the general business information needs of executives, managers and professionals in the
More informationRULE 3.8(g) AND (h):
American Bar Association CPR Policy Implementation Committee Variations of the ABA Model Rules of Professional Conduct RULE 3.8(g) AND (h): (g) When a prosecutor knows of new, credible and material evidence
More informationNow is the time to pay attention
Census & Redistricting : Now is the time to pay attention By Kimball Brace, President Election Data Services, Inc. Definitions Reapportionment Allocation of districts to an area Example: Congressional
More informationASSEMBLY COMMITTEE SUBSTITUTE FOR. ASSEMBLY, No STATE OF NEW JERSEY. 215th LEGISLATURE ADOPTED DECEMBER 16, 2013
ASSEMBLY COMMITTEE SUBSTITUTE FOR ASSEMBLY, No. STATE OF NEW JERSEY th LEGISLATURE ADOPTED DECEMBER, 0 Sponsored by: Assemblywoman BONNIE WATSON COLEMAN District (Hunterdon and Mercer) Assemblyman JERRY
More informationACTION: Notice announcing addresses for summons and complaints. SUMMARY: Our Office of the General Counsel (OGC) is responsible for processing
This document is scheduled to be published in the Federal Register on 02/23/2017 and available online at https://federalregister.gov/d/2017-03495, and on FDsys.gov 4191-02U SOCIAL SECURITY ADMINISTRATION
More informationRepository Survey - Electronic Disposition Reporting
1a) Does your state have a process for electronic delivery of disposition information from courts to the repository? Alabama Alaska Arizona Arkansas California Colorado Florida Georgia Hawaii Illinois
More informationSelect Strategies and Outcomes from DMC Action Network and Replication Sites
Select Strategies and Outcomes from DMC Action Network and Replication Sites Data Collection and Analysis Pennsylvania: Revised juvenile court data systems to collect race and ethnicity data separately.
More informationCriminal Offender Record Information CORI ACCESS and REFORM
Criminal ffender Record Information CRI ACCESS and REFRM CRI utline What is a CRI? Who can pull a CRI? btaining your own CRI Sealing records Correcting inaccurate records Employment and CRI Housing and
More informationAbout California. 1. Restrictions on CRAs
About California 1 California is of special significance because California laws are considered by many to be both confusing and considered overwhelming. Therefore it is critical for both CRAs and employers
More informationThe FCRA Requires a Two-Step Adverse Action Process
Insight IN-DEPTH DISCUSSION JANUARY 4, 2016 Federal Courts Increase Scrutiny of Employer Compliance with the FCRA's Adverse Action Requirements BY JENNIFER L. MORA In the last two years, the number of
More informationCOMMENTS ON PROPOSED BHDDH REGULATIONS FOR THE LICENSING OF ORGANIZATIONS AND FACILITIES LICENSED BY BHDDH [212-RICR ] October 2018
128 DORRANCE STREET, SUITE 400 PROVIDENCE, RI 02903 401.831.7171 (t) 401.831.7175 (f) www.riaclu.org info@riaclu.org COMMENTS ON PROPOSED BHDDH REGULATIONS FOR THE LICENSING OF ORGANIZATIONS AND FACILITIES
More informationWe re Paying Dearly for Bush s Tax Cuts Study Shows Burdens by State from Bush s $87-Billion-Every-51-Days Borrowing Binge
Citizens for Tax Justice 202-626-3780 September 23, 2003 (9 pp.) Contact: Bob McIntyre We re Paying Dearly for Bush s Tax Cuts Study Shows Burdens by State from Bush s $87-Billion-Every-51-Days Borrowing
More information115 CMR: DEPARTMENT OF DEVELOPMENTAL SERVICES
115 CMR 12.00: NATIONAL CRIMINAL BACKGROUND CHECKS Section 12.01: Purpose 12.02: Policy 12.03: Scope 12.04: Definitions 12.05: Fingerprint-based Check of the State and National Criminal History 12.06:
More informationImmigrant Policy Project. Overview of State Legislation Related to Immigrants and Immigration January - March 2008
Immigrant Policy Project April 24, 2008 Overview of State Legislation Related to Immigrants and Immigration January - March 2008 States are still tackling immigration related issues in a variety of policy
More informationPlaintiff, v. CASE NO. 8:15-cv-2456-T-26EAJ. Plaintiffs, v. CASE NO. 8:15-cv-2588-T-26JSS
Case 8:15-cv-02456-RAL-AAS Document 35 Filed 11/20/15 Page 1 of 19 PageID 290 DONOVAN HARGRETT, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION Plaintiff, v. CASE NO. 8:15-cv-2456-T-26EAJ
More informationGeneral Background Check Terms
General Background Check Terms Adverse Action: A negative employment action such as not hiring an applicant; not promoting or not retaining an employee. Applicant: The subject of the inquiry, a job applicant
More informationFCRA Class Actions in Employment on the Rise: Avoiding and Defending Claims
Presenting a live 90-minute webinar with interactive Q&A FCRA Class Actions in Employment on the Rise: Avoiding and Defending Claims Drafting Policies and Procedures for FCRA Compliance, Leveraging Class
More informationGetting People with Criminal Records Hired: What Employment Specialists Need to Know
Getting People with Criminal Records Hired: What Employment Specialists Need to Know Cabrini Green Legal Aid Cynthia Cornelius, Equal Justice Works Fellow Sponsored by the Albert and Anne Mansfield Family
More informationCurrent or Most Recent Job Previous Job Previous Job. /_ Day/Month/Year to Day/Month/Year
APPLICATION FOR EMPLOYMENT AN EQUAL OPPORTUNITY EMPLOYER In order for you to be considered for employment, this application must be filled out in its ENTIRETY. All statements made by applicants for employment
More informationUNIFORM NOTICE OF REGULATION A TIER 2 OFFERING Pursuant to Section 18(b)(3), (b)(4), and/or (c)(2) of the Securities Act of 1933
Item 1. Issuer s Identity UNIFORM NOTICE OF REGULATION A TIER 2 OFFERING Pursuant to Section 18(b)(3), (b)(4), and/or (c)(2) of the Securities Act of 1933 Name of Issuer Previous Name(s) None Entity Type
More information2016 us election results
1 of 6 11/12/2016 7:35 PM 2016 us election results All News Images Videos Shopping More Search tools About 243,000,000 results (0.86 seconds) 2 WA OR NV CA AK MT ID WY UT CO AZ NM ND MN SD WI NY MI NE
More informationTHE LILLY LEDBETTER FAIR PAY ACT S RETROACTIVITY PROVISION: IS IT CONSTITUTIONAL?
THE LILLY LEDBETTER FAIR PAY ACT S RETROACTIVITY PROVISION: IS IT CONSTITUTIONAL? Vincent Avallone, Esq. and George Barbatsuly, Esq.* When analyzing possible defenses to discriminatory pay claims under
More informationImmigrant Incorporation and Local Responses
Audrey Singer Senior Fellow Immigrant Incorporation and Local Responses American Sociological Association San Francisco, CA August 9, 2009 Questions --- Exploration How do we evaluate recent state and
More informationRecent EEOC Developments Involving Disqualification of Applicants Based on Criminal History
Recent EEOC Developments Involving Disqualification of Applicants Based on Criminal History Barry A. Hartstein, Esq. 312.795.3260 BHartstein@littler.com Littler Mendelson, P.C. 321 North Clark Street,
More informationSPECIAL FOCUS The Facts
Vol. 28, No. 4 april 2011 SPECIAL FOCUS The Facts In Carder, airline pilots who were members of the Reserves and National Guard pursued a class action against Continental Airlines, asserting management
More informationUNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) )
Case :-cv-00-r-jpr Document Filed 0// Page of Page ID #: 0 Michael A. Caddell (SBN mac@caddellchapman.com Cynthia B. Chapman (SBN Craig C. Marchiando (SBN CADDELL & CHAPMAN Lamar Street, Suite 00 Houston,
More informationThe Youth Vote in 2008 By Emily Hoban Kirby and Kei Kawashima-Ginsberg 1 Updated August 17, 2009
The Youth Vote in 2008 By Emily Hoban Kirby and Kei Kawashima-Ginsberg 1 Updated August 17, 2009 Estimates from the Census Current Population Survey November Supplement suggest that the voter turnout rate
More informationA Live 90-Minute Audio Conference with Interactive Q&A
presents Ricci v. DeStefano: Balancing Title VII Disparate Treatment and Disparate Impact Leveraging the Supreme Court's Guidance on Employment Testing and its Impact on Voluntary Compliance Actions A
More informationWYOMING POPULATION DECLINED SLIGHTLY
FOR IMMEDIATE RELEASE Wednesday, December 19, 2018 Contact: Dr. Wenlin Liu, Chief Economist WYOMING POPULATION DECLINED SLIGHTLY CHEYENNE -- Wyoming s total resident population contracted to 577,737 in
More informationTrump, Populism and the Economy
Libby Cantrill, CFA October 2016 Trump, Populism and the Economy This material contains the current opinions of the manager and such opinions are subject to change without notice. This material has been
More informationPublic Commission Meeting Tuesday, December 12, 2017
CANNABIS CONTROL COMMISSION Public Commission Meeting Tuesday, December 12, 2017 10:30 a.m. Mass Gaming Commission Offices 101 Federal Street, 12th Floor Boston, MA This presentation has not been reviewed
More informationHow States Can Achieve More Effective Public Safety Policies
How States Can Achieve More Effective Public Safety Policies Arkansas Legislative Criminal Justice Oversight Task Force and Behavioral Health Treatment Access Task Force July 13, 2015 Marc Pelka, Deputy
More informationJanuary 17, 2017 Women in State Legislatures 2017
January 17, 2017 in State Legislatures 2017 Kelly Dittmar, Ph.D. In 2017, 1832 women (1107D, 703R, 4I, 4Prg, 1WFP, 13NP) hold seats in state legislatures, comprising 24.8% of the 7383 members; 442 women
More informationDefeating Liability Waivers in Personal Injury Cases: Substantive and Procedural Strategies
Presenting a live 90-minute webinar with interactive Q&A Defeating Liability Waivers in Personal Injury Cases: Substantive and Procedural Strategies THURSDAY, AUGUST 27, 2015 1pm Eastern 12pm Central 11am
More information