Monday, February 23, 2015

Compliance Update - Special Ban the Box Adverse Action Requirements Reminder

We want to remind our clients of special Adverse Action requirements for some of the recent cities/states that have passed "Ban the Box" ordinances. Please refer to the information below:

Chicago, IL - Requires the adverse action notice to include a reference to the specific items which form the basis of the criminal record decision. No pre-adverse action letter requirements.

Massachusetts - Requires (i) a copy of the Company’s Massachusetts Criminal Record Information Policy; (ii) the sources of any criminal history records provided to the Company (as reflected in the background report); and (iii) information from the Massachusetts Department of Criminal Justice Information Services (“DCJIS”) concerning the process for correcting a criminal record.

Montgomery County, MD - The pre-adverse action notice must include a reference to specific criminal items which form the basis of the decision; and then there is a minimum seven day waiting period before taking adverse action. Montgomery County, MD does not require that the final adverse action letter specifically enumerate the items forming the basis for the action.

Newark, NJ - Pre-adverse action letter: Include a copy of the Applicant Criminal Record Consideration form; Identify the specific items that caused the potential adverse action, and the employer’s consideration of 6 factors set forth in the ordinance; Advise the applicant of the opportunity for review. Opportunity to Review: Applicant has 10 days after receiving the pre-adverse action letter to respond. Employer must consider any information provided and specifically state its reasons for a final action. Adverse Action Letter: must include a copy of the employer’s findings following the opportunity to review, which would include, among other things, the specific offenses considered by the employer. NOTE: Preempted by NJ ban the box law as of 3/1/15.

Prince George’s County, MD - The pre-adverse action notice must include reference to specific items which form the basis of the decision; Seven day waiting period before taking adverse action. Prince George’s County, MD does not require that the final adverse action letter specifically enumerate the items forming the basis for the action.

San Francisco, CA - The pre-adverse action notice must include reference to specific items from the criminal record which form the basis of the decision; Seven day waiting period before taking adverse action. San Francisco does not require that the final adverse action letter specifically enumerate the items forming the basis for the action.

Seattle, WA - The pre-adverse action notice must include reference to specific items which form the basis of the decision; Hold position open for two days. Seattle does not require that the final adverse action letter specifically enumerate the items forming the basis for the action.

NOTE: Aurico Reports Inc. is not a law firm. Nothing presented in this communication is intended or should be construed as legal advice. You should always seek the advice of your own legal counsel.