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.
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.
