June



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June 19, 2014
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""Ban the Box" and Beyond: San Francisco Joins Growing List of Jurisdictions Restricting Employment-Related Criminal Record Inquiries"

"San Francisco recently joined the ranks of ""ban the box"" jurisdictions that restrict the criminal record information a private employer can request. Others include Massachusetts, Rhode Island, Minnesota and Hawaii, and the cities of Philadelphia, PA, Buffalo, NY, Newark, NJ and Seattle, WA. The San Francisco ordinance will become operative on August 13, 2014. It applies to all employers located or doing business in San Francisco, that have 20 or more employees regardless of their location. However, the restrictions apply only to employment or prospective employment that is wholly or in substantial part within San Francisco city limits. The San Francisco ordinance is in some respects duplicative of other laws, though it is more restrictive and imposes additional obligations. San Francisco employers who are subject to this ordinance should review their job advertisements, employment applications, hiring policies and practices, and record retention programs to confirm they are in compliance. Given the patchwork of laws now in place and the anticipation that additional laws are likely to emerge, employers should consider taking a holistic approach in lieu of viewing this as involving only one jurisdiction or only the format of their employment application forms."

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June 19, 2014
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City Manager Ron Carlee Decides to "Ban the Box""

"Charlotte City Manager Ron Carlee has officially ""banned the box"". Applicants for city jobs will now no longer see a question about prior convictions on the initial application. The exception will be for public safety jobs. Applicants will be asked about criminal history much later in the process -- in some departments after several rounds of interviews. ""Nothing will change with our criminal background checking process,"" said Cheryl Brown, the city's human resources director. ""We haven't in any way lowered the standards by removing any of those steps. The only thing that we've made a significant change with is the removal of the question."" Last year, city council members voted to have the council's economic development committee review the city's application process and decided to leave the decision on whether to remove this question to city manager Ron Carlee. Brown says she expects the number of applications for city jobs to increase as a result of Carlee's decision. Currently about eight to ten percent of the approximately 6,800 city employees have been convicted of crimes greater than minor traffic violations. "

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CMS.DataEngine.CollectionPropertyWrapper`1[CMS.DataEngine.BaseInfo]
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June 19, 2014
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Ban the Box ' Moves Forward in Louisville Despite Fischer Administration's Objections

"A Louisville Metro Council committee has approved a measure prohibiting the city and its private contractors from asking about an applicant's criminal history until the job is offered. But members of Democratic Mayor Greg Fischer's administration joined council Republicans to voice concerns about the bill and its additional burden on local businesses. Council Democrats and community activists argue the so-called ""ban the box"" ordinance helps even the playing field for residents who deserve a second chance and are seeking gainful employment. During the committee hearing, GOP members asked about the cost and had concerns about mandatory provisions, such as conducting a background check. The Fischer administration also raised questions about the proposal, saying city vendors already frustrated by the application process don't look forward to having another burden. Officials with the Fischer administration argue the city already has a similar screening process where they conduct background checks after agencies interview and identify job applicants they'd like to hire. But council Democrats pushing the bill say the policy isn't codified and should be required to protect potential employees against discrimination."

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