Legislation: Employment and Background Checks

12/11/21

01/01/23

NYC Admin. Code section 20-870, et seq.

Summary: The law prohibits employers’ use of automated employment decision tools (and broadly defines what constitutes automated employment decision tools).  Employers may only use such tools if they have received a “bias audit” no more than one year prior to its use, the results of which must be made publicly available. The City, and not private litigants, will enforce the law.  

Application: There are likely to be significant legal challenges to this law based on overbreadth and vagueness, which may impact the enforceability of the statute and any compliance guidance.

12/06/21; 05/22/19

01/01/22

MI Date of Birth Redaction - Rule 1.109 (and ADM File No. 2017-28)

Summary:  Michigan county courts no longer provide date of birth information for the purpose of background checks unless the researcher is on an authorized user list. 

Application:  In order to ensure minimal disruption in our background check service, all of Checkr’s researchers are now on the authorized list. For more information on how date of birth redactions are affecting the background check process, check out this blog post.

09/16/21

09/16/21

California AB 506

Summary:  California’s AB 506 expanded coverage of Penal Code section 11105.3’s requirement for certain individuals who work with children to undergo a background check and be fingerprinted.  The requirement now includes administrators, employees, and/or regular volunteers of youth service organizations, among other changes. 

Application:  This law may affect your internal processes for volunteer (or other) screening.  Checkr does not support fingerprinting but may still supplement your background check process by filling in the gaps in FBI records.

01/01/18

10/20/21 (enforcement efforts announced)

LA Fair Chance Act

Summary: On October 20, 2021 the California Department of Fair Employment and Housing (DFEH), the enforcement agency for California's civil rights laws, announced plans to conduct online audits to identify job postings and advertisements that violate the Fair Chance Act (FCA)

Link to press release

Application: Impacted customers should review their job ads, postings, and application language to ensure they're in compliance with the FCA guidelines. This includes ensuring that an initial application has no check boxes for criminal history and that there is also no statement or suggestion that those with criminal records are automatically disqualified from consideration--among other requirements. Please refer to the toolkit release by the DFEH for additional resources.

ME L.D.1167 (H.P. 845)  An Act Relating to Fair Chance in Employment

Summary: Prohibits employers from requiring or requesting criminal history of prospective employees until the conditional offer has been made. LD 1167 details 

Application: Impacted customers should review the timing of their background check requests. Those using Checkr’s hosted flow to collect candidate information should ensure that invitations are only sent after a conditional offer is made.

HI H.B.264: Relating to Transportation Network Companies

Summary: Extends to 9/1/2023 the motor vehicle insurance requirements for transportation network companies and transportation network company drivers established pursuant to Act 236. HB264 details

Application: Customers operating in the TNC industry should review the requirements and permitting procedures to maintain insurance.

6/16/21

LA H.B.707: Relative to employment discrimination

Summary: Prohibits an employer from considering or requesting an arrest record or charge that did not result in a conviction. Before considering other types of criminal record information, employers are required to conduct individualized assessments and perform nature-time-nature tests to evaluate if the record has a direct and adverse relationship with the specific duties of the job. HB 707 details

Application:  Impacted customers should evaluate their settings in tools like Assess as they apply to LA candidates to ensure they are not considering records that didn’t result in conviction. Customers should also review their individualized assessment procedures to ensure important documentation and context provided by the candidate is being considered during the review process.

 03/23/21

IL S.B. 1480 

Summary: Makes it a state civil rights violation for IL employers to discriminate against individuals based upon their conviction record unless (1) there is a “substantial relationship” between the offense at issue and the individual’s employment or (2) the individual’s employment involves an unreasonable risk to property or the safety of specific individuals or the general public. If either of these criteria are met, then an employer may consider an individual’s conviction record in making an employment decision. SB 1480 details

Application: Customers should revisit their background check review procedures and update their adverse action notices. Those using Checkr’s adverse action tools should evaluate their Individualized Assessment functionality and request to have their hosted notices updated as needed.

01/10/21

07/29/21

NYC Fair Chance Act (FCA) Amendments

Summary: The city's amendments to the FCA expand the law's protections in numerous ways, most notably in its application to pending arrests and criminal accusations and criminal convictions during employment. The amendments also modify the required Fair Chance Process, including by introducing additional factors to consider when making the employment decision. This expansion applies to independent contractors and freelancers as well.  Int 1314 details

Application: Customers should evaluate their settings in tools like Assess as they apply to NYC candidates. Those using Checkr’s adverse action tools should evaluate their individualized assessment functionality and request to have their notice content updated as needed.

11/10/20

02/19/21

35-20 Montgomery County Amendments to County Code "Ban the Box"

Summary: Prohibits employers with 15 or more full-time employees from requiring self disclosure of criminal records until after a conditional offer is made. Bill 35-20 details

Application: Customers should review the timing of their background check requests. Those using Checkr’s hosted flow to collect candidate information should ensure that invitations are only sent after a conditional offer is made.

09/15/20

09/15/20

HI S.B. 2193

Summary: Limits the convictions that may be used in employment decisions, from all convictions in the most recent ten years, to felony convictions that occurred in the most recent seven years and misdemeanor convictions that occurred in the most recent five years.SB 2193 details

Application: Customers should review their evaluation criteria and review procedures to ensure they are not considering convictions beyond the allowed year marks for felonies and misdemeanors. Customers using tools like Assess may want to adjust their settings accordingly.

07/01/20

07/01/20

Waterloo Amendments to Code of Ordinances "Ban the Box"

Summary: Prohibits private employers with at least 15 employees from inquiring into a candidate’s criminal history until after it has issued a conditional offer of employment. Also prohibits employers from making any employment decisions based on arrests or pending charges or convictions that have been erased, expunged, pardoned or nullified. Permits employers to rescind conditional offers of employment only if it can demonstrate a legitimate business reason to do so. Chapter 3 of the Waterloo Code of Ordinances details

Application: Customers should review the timing of their background check requests. Customers should also review their evaluation criteria on non-convictions such as pending charges. Customers using Assess may want to adjust their settings accordingly. 

01/01/20

01/01/21

St. Louis Ordinance 71074 “Ban the box” 

Summary: Prohibits employers in the City of St. Louis from basing job hiring or promotion decisions on candidates’ criminal history, and inquiring about candidates’ criminal history until after it has determined a candidate is otherwise qualified for the position. Applies to employers in the City of St. Louis with ten or more employees. Ordinance 71074 details; Guidance 
Application: Customers should review the timing of their background check requests.

09/01/19

09/01/21

CO C.R.S. § 8-2-130 “Chance to Compete Act” 

Summary: Colorado is expanding its ban-the-box measures to all private employers beginning September 1, 2021. CO already enforces its ban-the-box measure against private employers with 11 or more employees. With this expansion, employers have new restrictions on job advertisements that discourage individuals with criminal records from applying, and are further restricted from asking about criminal history in initial job applications. C.R.S. § 8-2-130 details;