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Colorado: Limits on Job Applicants’ Criminal History Inquiries

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All Employers with CO Employees

EFFECTIVE

September 1, 2019 and September 1, 2021

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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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California: New Employment Laws Coming in 2019

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All Employers with CA Employees

EFFECTIVE

January 1, 2019, unless noted otherwise

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Governor Brown recently signed numerous employment-related bills, impacting various industries and employment practices; among these are a package of bills following the #MeToo movement.  The below list summarizes some key bills.

Washington: New “Ban-the-Box” Law Prevents Pre-Qualification Criminal Inquiries

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All Employers with WA Employees

EFFECTIVE

June 7, 2018

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(888) 378-2456

Effective June 7, 2018, the Washington Fair Chance Act (the “Act”) imposes new “ban-the-box” requirements on employers.  Employers may not obtain information about an applicant’s criminal history before the employer has determined the applicant is otherwise qualified, among other new requirements.  Additionally, employers may not advertise job postings in a way that automatically excludes individuals with criminal history from applying.  However, employers may still solicit information about criminal history after making the determination that the individual is otherwise qualified for the position.

Kansas City, MO: New Ban-the-Box Ordinance

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All Employers of 6+ Kansas City Employees

EFFECTIVE

June 9, 2018

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(888) 378-2456

As of June 9, 2018, employers of Kansas City employees will be prohibited from inquiring into or using criminal record information when making employment decisions.  This ordinance amends the Kansas City Human Relations Act, and follows in the footsteps of a similar ordinance passed in 2014, eliminating such criminal history inquiries when considering applicants for government positions.

Spokane, WA: New Ban-the-Box Ordinance Limits Criminal History Inquiries

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All Employers of Spokane, WA Employees

EFFECTIVE

June 14, 2018

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(888) 378-2456

Employers based in Spokane, Washington will soon need to comply with new ban-the-box provisions.  With narrow exceptions, the Fair Chance Hiring Act prohibits employers from broadly disqualifying or making employment decisions based solely on criminal history.

New York, NY: Final Regulations for “Ban the Box” Go into Effect, Expand Employee Rights

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All Employers with NY Employees

EFFECTIVE

August 5, 2017

QUESTIONS?

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(888) 378-2456

New York City “banned the box” nearly two years ago with the implementation of the Fair Chance Act (the “Act”).  Recently, the NYC Commission on Human Rights published final regulations that expand upon the enforcement guidance implementing the Fair Chance Act.  These regulations clarify existing obligations and impose additional obligations on employers performing background checks on potential and existing employees.