On June 10, 2015, the New York City Council voted to prohibit private employers from inquiring about criminal history until after a conditional offer of employment is extended. Given the October 27th effective date of New York City's Fair Chance Act, employers may be wondering what they need to do to comply with the law.  As many employers are aware, the Fair Chance Act amends the New York City Human Rights Law to prohibit most employers from inquiring about criminal history until after a conditional offer of employment is extended (Some employers may fall into the exceptions of this law.)  The law also imposes upon employers the obligation to provide applicants with a copy of the relevant inquiry (e.g. the consumer report) and the company's analysis under Article 23-A of the New York Corrections Law (in a form provided by the New York City Commission on Human Rights ("NYCCHR")).  On Friday, October 23, 2015, the NYCCHR released its Fair Chance Act Notice form (available here), and is expected to release its enforcement guidance imminently.  In the meantime, we recommend employers consider the following:

1. Review all pre-employment forms.   
2. Train hiring managers. 
3. Revise the adverse action protocol. 
4. Consider best practices for direct inquiries to the applicant. 
5. Review FCRA disclosure forms.

For detailed recommendations, please read the full Seyfarth Shaw alert on our website.

Originally published October 23, 2015 by Seyfath Shaw LLP.

See: http://www.seyfarth.com/publications/OMM102315-LE2

On October 6, 2015, Northern District of California Federal District Judge Joseph C. Spero has dismissed a putative class action suit filed by two former employees challenging Kohl Department Stores, Inc.'s hiring practices. The employees claimed that Kohl's violated federal and state credit reporting statutes in the course of conducting pre-employment background checks. Judge Spero found that, even accepting the truth of their allegations, the plaintiffs failed to plead claims upon which relief could be granted. Coleman v. Kohl's Department Stores, Inc., Case No. 15-cv-02588 (N.D. Cal. Oct. 5, 2015).

 

Employment claims under the FCRA have been filed nationally, and we will continue to monitor developments in this area of privacy law. Employers should review their FCRA and related state law disclosures for their clarity and compliance with the statutory requirements.

Originally published by Seyfarth Shaw, LLP here.

CSI in the Pink!

The CSI MA and SC Teams celebrated annual Pink Day in support of Breast Cancer Awareness Month.  In Chapin, SC, the office started the day off with pink donuts and then had a little fun coloring two with pink hair color!  In all, CSI raised over $500 for the American Cancer Society, the Making Strides Against Breast Cancer organization.

CSI's Judy Gootkind to Chair NAPBS Background Screening Credentialing Council

CSI's VP of Finance and Administration Judy Gootkind was appointed Chair of the NAPBS Background Screening Credentialing Council (BSCC). The BSCC is the governing body for the NAPBS Accreditation Program, which advances professionalism in the employment screening industry through the promotion of best practices and legal compliance, the development of standards that protect consumers, the evaluation of consumer reporting agencies (CRAs) that apply for accreditation and the awarding of accreditation to CRAs deemed to meet the requirements of the Background Screening Agency Accreditation Program (BSAAP).   CSI strongly believes in this program and was among the first wave of CRAs to be awarded this certification.

A Special CSI Anniversary!

Congratulations to Christy Chalvire who celebrates 10 years at CSI! Christy joined us with a strong background in employee screening.  As the Client Services Manager, Christy is responsible for ensuring CSI delivers the highest level of customer service and quality assurance.  Prior to her role as Client Services Manager, Christy was Team Leader of the Criminal Division.  She possesses an expertise in understanding and interpreting criminal record information domestically and internationally.  Christy also has extensive experience in drug screening and laboratory testing.

Creative Services, Inc. (CSI) is a full-service pre-employment screening, background investigations and security consulting company. Established in 1976, CSI provides comprehensive corporate screenings, drug and alcohol screenings, nuclear utility screenings for access authorization and fitness for duty, and security consulting to regulated and non-regulated industries. By combining advanced technologies with superior investigative, interviewing and analytical skills, CSI identifies areas of vulnerability and establishes customized strategies that mitigate risk, improve workplace safety and achieve regulatory compliance. A founding member of the National Association of Professional Background Screeners (NAPBS), CSI is at the forefront of the background screening and security industry.