August

Two studies on ""Ban the Box"" policies - one by The Brookings Institution and the other by the University of Chicago - claim that these well intentioned laws meant to help ex-offenders re-enter the workforce may have the unintended consequence of causing more harm than good for minority job seekers. The Brookings Institution study measured the effects of Ban the Box policies on the employment of young and low-skilled men and found African-American and Hispanic men without college degrees were ""significantly less likely"" to be employed after Ban the Box policies were implemented. This unintended consequence of Ban the Box policies run counter to reducing racial disparities in employment. The University of Chicago study found that before any Ban the Box policies took effect that white job applicants were only slightly more likely to receive a call back from an employer for jobs than black job applicants. However, after Ban the Box policies were implemented, white job applicants were four times more likely to receive a call back from an employer for employment than black job applicants.

Uber has agreed to pay $7.5 million to settle a lawsuit brought by drivers over background checks conducted by the ride-hailing company. The case in San Francisco federal court involved allegations that Uber terminated drivers from its platform after obtaining their consumer background reports without authorization. The settlement is the latest in an effort by Uber to remove some of the litigation risk facing the company. Uber agreed in April to pay up to $100 million to settle a separate class action lawsuit involving drivers who claimed they were employees entitled to benefits, not independent contractors. Lawyers representing drivers in the background check case filed a memorandum of understanding in court and said they are in the process of drafting a formal settlement. Both settlements must be approved by a San Francisco federal court judge.

As cities across the nation adopt ""ban the box"" legislation that regulates private employers ' ability to inquire into applicants ' and employees ' criminal histories, employers face a nuanced gauntlet of compliance issues. Because of the current wave of ban the box ordinances is likely to continue, employers should continue to evaluate their pre-employment and hiring practices and make necessary adjustments. Specifically, affected employers should review their employment applications, advertisements, and postings to ensure that any questions regarding an applicant 's criminal history are legally compliant for each cities and municipalities. Affected employers should also make sure all hiring|recruiting managers are apprised of the new ordinance requirements through training and revision of policies.