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Ban the Box Reaches the Federal Government

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Effective December 20, 2022: The federal government and its contractors are prohibited from asking about the criminal history of a job applicant prior to a conditional offer of employment at  Hire Image . President Trump recently signed the National Defense Authorization Act for Fiscal Year 2020 into law.  This law includes The Fair Chance Act (“Act”) that becomes effective two years after the date of enactment, banning the box for the federal government. There are some important exceptions in the Act for federal positions related to law enforcement and national security duties, positions requiring access to classified information, and positions where access to criminal history is required by law. Click here for more information at  Hire Image  website. Ban the Box laws have already spread throughout much of the country and now to the federal government. For more information on Ban the Box and other laws, and whether they affect your state, visit our resourc...

Attention New York City Employers: First Ever Ban on Pre-Employment Marijuana Testing will Become Effective on May 10, 2020

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Hire Image  reports that, last month, New York City passed a first-of-its-kind law banning employers from conducting pre-employment marijuana testing. According to New York City Council’s Legislative Process, because the law was not signed or vetoed by the mayor within 30 days, it became law on May 10, 2019 and is effective one year later on May 10, 2020. The new law amends the New York City Human Rights Law and states that it is an unlawful discriminatory practice for an employer, labor organization, employment agency, or agent to require a prospective employee to submit to a drug test for the presence of  any THC or marijuana as a condition of employment.  There are exceptions for certain applicants and types of employment.  As such, pre-employment marijuana testing will continue to be permissible for:  police officers or other law enforcement jobs, certain construction and maintenance jobs, positions requiring a commercial driver’s licen...

Massachusetts Cracks Down on Businesses Violating its Ban the Box Law

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The Massachusetts Attorney General’s (AG) Office recently launched an investigation into whether employers were complying with the state’s Ban the Box law at  Hire Image . The law went into effect in 2010 as part of a legislative effort to reform the state’s Criminal Offender Record Information (CORI) system. The AG’s Office announced at  Hire Image , that it discovered 19 businesses violating the Ban the Box law by asking questions about applicants’ criminal histories on initial job applications, including whether the applicants had been convicted of violating the law, whether they had been convicted of a felony or misdemeanor other than a minor traffic violation, and whether they had been convicted of a felony. Agreements were reached with two of those businesses, Brooks Brothers and DesignWerkes, Inc.  Under the agreements, each business paid $5,000 to the state and came into compliance with the Ban the Box law.  The AG’s Office also sent warning ...

Washington State Enacts Salary History Ban

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Hire Image  reports that, effective July 28, 2019, Washington employers with 15 or more employees are prohibited from asking applicants or their current or former employers about their prior wages or salaries.  Employers are also prohibited from requiring an applicant’s prior wage or salary history meet certain criteria.  Employers can confirm an applicant’s prior salary if the applicant voluntarily discloses the information or after the employer has made an offer of employment, with compensation. Additionally, if the applicant requests, the new law requires an employer to provide the wage scale or salary range for the position for which the applicant is applying, after an offer has been made at  Hire Image . This requirement includes internal transfers and promotions. If no wage scale or salary exists for the position, the employer must provide the salary expectation prior to posting. For more information about the growing trend of salary history bans,...

Colorado Enacts Expansive Equal Pay for Equal Work Act, including Salary History Ban

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Effective January 1, 2021:  Colorado employers are prohibited from (1) seeking the wage history of a prospective employee; (2)  Hire Image  relying on the wage history of a prospective employee to determine a wage rate; or (3) discriminating or retaliating against a prospective employee for failing to disclose wage history. The “Equal Pay for Equal Work Act”  Hire Image  also protects against wage discrimination based on sex and includes a pay transparency clause. The state went further, taking their new law to another level, including two requirements that no other state has yet included in similar laws.  First, employers must make reasonable efforts to announce, post, or make known all opportunities for promotion to all current employees on the same calendar day . Additionally, employers must disclose the hourly or salary compensation (or range) and a general description of all benefits and other compensation offered in each posting. Finally, the...

Kansas City Enacts Salary History Ban

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Hire Image  reports that, effective October 31, 2019, Kansas City employers with six or more employees are prohibited from: Asking about the salary history of an applicant for employment; Screening applicants based on their current or prior wages, benefits, other compensation, or salary histories; Relying on the salary history of an applicant in deciding whether to offer employment or in determining the salary, benefits, or other compensation for such applicant during the hiring process; or Refuse to hire or retaliate against an applicant for not disclosing his or her salary history. An employer may; however, engage in discussion with an applicant about salary, benefits, and other compensation expectations.  The above prohibitions do not apply to applicants for internal transfer or promotion at  Hire Image ; a voluntary disclosure by the applicant regarding his or her salary history; any attempt by the employer to verify the applicant’s non-salary information...

Colorado Becomes the 13th State to Ban the Box

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Hire Image  background screening specialists report that, effective September 1, 2019, Colorado employers with 11 or more employees (effective September 1, 2021, for all employers) are prohibited 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. Employers may obtain an applicant’s publicly available criminal background report at any time at  Hire Image . Under the law, employers are exempt when the law prohibits a person who has a particular criminal history from being employed in a particular job; the employer is participating in a program to encourage employment of people with criminal histories; or the employer is required by law to conduct a criminal history record check for the particular position. For more information about ...