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Thursday, August 22, 2019

News Article


The City of Columbia, SC Joins Ban-The-Box and Salary History Ban Movements!

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The City of Columbia joined in with multiple other cities, states and municipalities and will no longer ask about criminal history on their initial employment application and will refrain from asking about previous salaries. The City is encouraging its vendors to follow suit. Read more here.

Fifth Circuit decides EEOC’s Enforcement Guidance on Considering Criminal Records in Employment Decisions is Overreaching!

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The Fifth Circuit determined that the EEOC’s guidance on considering arrest and conviction records in employment decisions amounts to a substantive rule and the agency doesn’t have the authority to create such a rule. Furthermore, the Fifth Circuit cited that the EEOC ran afoul of the Administrative Procedure Act by failing to provide notice to the public or allowing an opportunity to comment.

Illinois Joins in on the Salary History Ban Movement!

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Illinois Public Act 101-0177 – was signed by the Governor J.B. Pritzker on July 31, 2019. This law takes effect 60 days from the date of signing and prohibits Illinois employers from asking candidates about their salary history during the hiring process. The law amends the Equal Pay Act of 2003, which specifically addressed pay discrimination on the basis of sex or race.  Read more here and here. This law is another example of the sweeping nationwide movement to ban-the-box and exclude candidate salary history disclosure during the hiring process.

New Jersey Salary History Ban and The Society of Human Resource Management’s (SHRM) Ban-The-Box Laws by State and Municipality Resource Page!

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New Jersey Assembly Bill 1094 – was signed by the New Jersey Lieutenant Governor on July 25, 2019. This law has complex compliance details and can come with civil penalties up to $10,000.00 per violation. The law takes effect January 1, 2020. Littler published a detailed summary of the law here.

SHRM has published a chart of State and Municipality Ban-The-Box laws. It is a great resource for determining if your operations are subject to any of these laws.

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