Posts

Colorado: Limits on Job Applicants’ Criminal History Inquiries

APPLIES TO

All Employers with CO Employees

EFFECTIVE

September 1, 2019 and September 1, 2021

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Effective September 1, 2019 for employers with 11 or more employees, and effective September 1, 2021 for employers of all sizes, HB19-1025 prohibits employers from:

  • Advertising that a person with a criminal history may not apply for a position;
  • Placing a statement in an employment application that a person with a criminal history may not apply for a position; or
  • Inquiring about an applicant’s criminal history on an initial application.

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Maryland: New Employment Laws Update

APPLIES TO

Employers with MD Employees, as indicated

EFFECTIVE

As indicated

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The Maryland legislature adjourned in April after enacting several employment-related laws, summarized below.

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San Francisco, CA: Updates to San Francisco’s Ban-the-Box Ordinance

APPLIES TO

Employers with 5 or more San Francisco Employees

EFFECTIVE

October 1, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

San Francisco has amended its Fair Chance Ordinance for restrictions on employee criminal history inquiries. Effective October 1, 2018, the Fair Chance Ordinance will now apply to employers with 5 or more employees, rather than the currently stated 20 or more employees. Additionally, employers will be prohibited from making pre-employment conviction history inquiries until after a conditional offer of employment, to bring the Ordinance in line with current California requirements.

Of particular note, employers will be prohibited from inquiring about or requiring disclosure of convictions of decriminalized behavior, including convictions for the non-commercial use and cultivation of marijuana, regardless of when they occurred. California employers are already prohibited from inquiring about certain non-felony marijuana convictions that are more than two years old. This departure from state requirements will mean that employers need to carefully reexamine background check procedures to ensure compliance with the local Ordinance.

Action Items

  1. Have background check procedures reviewed and revised consistent with the Ordinance amendments.
  2. Have hiring personnel trained on updated requirements.
  3. Have applicable policies and documents, such as employment applications, offer letters, etc., updated to reflect changes to the Ordinance.
  4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

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