Aurico Webinar: E-Verify . . . Form I-9's Companion

Aurico will be hosting an upcoming Webinar on E-Verify on Wednesday, December 16th at 1:00pm CST.  This webinar is the accompaniment to the previous Form I-9 webinar on October 29th.  The I-9 webinar can be accessed HERE.  The Webinar will focus on the following topics

• Your responsibility in regards to E-Verify
• Directives from the National Archives and Records Administration (NARA)
• Complying with the retention and disposal schedule of NARA
• The earliest you can run an E-Verify case and more . . .

REGISTER HERE to secure your seat for this informative presentation on E-Verify.

Aurico Webinar: "Ban the Box" - How to Comply with the New Regulations

Aurico will be hosting an upcoming Webinar on"Ban the Box" regulations Thursday, December 3rd at 1:00pm CST.  The Webinar will focus on the following topics:

• General overview of "Ban the Box"
• Recent state and municipal laws that restrict pre-employment inquiries into criminal and credit history
• How this new legislation impacts employers
• Best practices for creating a background check process compliant with local and city laws.

REGISTER HERE to secure your seat for this informative presentation on "Ban the Box" compliance.

President Obama Announces Ban the Box for Federal Government Employers

On November 3, 2015, President Obama announced an order to all Federal Government Employers to “Ban the Box” -remove the criminal question from the initial application process.  The criminal question may still be asked later in the process. As with most cities and states “Ban the Box” legislation and can be asked after a conditional job offer has been extended. 

This order impacts federal employers and not private employers; however, the President has encouraged all employers to “Ban the Box”.  Many cities, states and counties across the country have already passed legislation for private employers including:  Baltimore, Maryland; Buffalo, New York; Columbia City, Missouri; Hawaii; Illinois; Massachusetts; Minnesota; Montgomery County, Maryland; Nebraska; New Jersey; New York City, NY; Oregon ( 01-2016); Philadelphia, Pennsylvania;  Prince George’s County, Maryland; Rhode Island; Rochester, NY; San Francisco, California; Washington D.C.; and  Washington State

The White House says it is “encouraged” by such legislation in a new statement, but emphasizes the president’s order will take immediate action, mandating that the federal government’s HR department “delay inquiries into criminal history until later in the hiring process.”

Employer Considerations

Aurico recommends that employers review their job applications on a regular basis with their legal counsel along with a review of the updated criminal guidance regarding consideration of arrest and conviction records under Title VII of the Civil Rights Act of 1964.


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.

EEOC vs. BMW - U.S. District Court enters a Consent Decree against BMW

On September 8, 2015, The U.S. District Court for the District of South Carolina entered a consent decree ordering BMW Manufacturing Co., LLC (BMW) to pay $1.6 million and provide job opportunities to alleged victims of race discrimination as part of the resolution of a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The lawsuit alleged that BMW excluded African-American logistics workers from employment at a disproportionate rate when the company's new logistics contractor applied BMW's criminal conviction records guidelines to incumbent logistics employees. According to the lawsuit, BMW ordered the new logistics company to perform criminal background checks on all existing logistics employees who had to re-apply with the company in order to continue to work on the BMW contract. Allegedly, BMW’s criminal conviction records guidelines excluded from employment all persons with convictions in certain categories of crime, regardless of how long ago the employee had been convicted or whether the conviction was a felony or misdemeanor.

According to the complaint, after the criminal background checks were performed, BMW learned that approximately 100 incumbent logistics workers at the facility, including employees who had worked at there for several years, did not pass the screen. EEOC alleged that 80 percent of the incumbent workers disqualified from employment as a result of applying BMW's guidelines were black. 

Following an investigation, EEOC filed suit alleging that blacks were disproportionately disqualified from employment as a result of the criminal conviction records guidelines. EEOC sought relief for 56 African-Americans who were discharged. BMW has since voluntarily changed its guidelines.  

The Consent Decree includes:

Could There be a Federal Ban the Box in the Future?

On September 10, 2015, the Senate and House of Representatives introduced bills that would make it unlawful for federal contractors to request a job applicant, whether orally or in writing, to disclose criminal history record information before being offered employment.   The bills, S. 2021 and H.R. 3470 are pending and a first step towards the movement to ban the box on the federal level.  If these bills pass the impact in their current form will be for federal employers and NOT private employers.  Aurico will continue to monitor this movement and report any impactful updates.

Oregon State Passes Ban the Box for all Employers

On June 25, 2015, Oregon Governor Kate Brown signed into law House Bill 3025, which makes it an unlawful employment practice for an employer to exclude an applicant from an initial interview solely because of a past criminal conviction. House Bill 3025 expressly prohibits employers from asking about prior criminal convictions on an employment application. The new Oregon law takes effect January 1, 2016. Oregon makes it illegal for employers to ask the criminal question until after a conditional offer of employment is extended. Nothing in this legislation prevents an employer from considering an applicant's conviction history when making a hiring decision.

Exceptions

If a federal, state or local law, including corresponding rules and regulations, requires the consideration of an applicant's criminal history;

Law Enforcement Agencies;

An employer in the criminal justice system; or

An employer seeing a non-employee volunteer

Oregon join other cities/states across the country with similar bills for all employers including: Baltimore, MD, Buffalo, N.Y. Chicago, IL, Columbia City, MO, Hawaii, Illinois, Massachusetts, Minnesota, Montgomery County, Maryland, Nebraska, Newark, NJ , New Jersey, Prince George's County, Maryland, Philadelphia , PA, Rhode Island, Rochester, NY , San Francisco, CA, Seattle, WA, Washington State, Washington D.C.

New York City Passed Ban the Box for All Employers in NYC

Aurico wants to remind New York City Employers that on June 10, 2015, the New York City Council passed a "Ban the Box" bill  titled "Prohibiting Discrimination Based on one's Arrest Record or Criminal Conviction".  Mayor de Blasio signed the bill on June 29th, and this law will be effective on October 27, 2015. The bill impacts all employers with four or more employees in NYC (including the boroughs) and amends the New York City Human Rights Law (NYCHRL).  This bill, like many other "Ban the Box" bills across the country, prohibits any employers from inquiring about a job applicant's criminal history before extending a conditional offer of employment. Employers are prohibited from not only asking an applicant criminal questions, but also prohibited from searching publicly available sources to obtain information about an applicant's criminal history (criminal background checks) until after a conditional offer of employment.

New York City joins many other cities, states and counties across the country with similar bills for employers including:  Baltimore, MD; Buffalo, NY; Chicago, IL; Columbia City, MO; Hawaii; Illinois; Massachusetts; Minnesota; Montgomery County, Maryland; Nebraska; New Jersey; Oregon (January 1, 2016); Prince George's County, MD; Philadelphia, PA; Rhode Island; Rochester, NY; San Francisco, CA; Washington State, and Washington D.C.  

Prohibited Inquiries

This bill prohibits any employer:

1. To declare, print or circulate; or cause to be declared, printed or circulated any solicitation, advertisement or publication, which directly or indirectly expresses any limitation or specification in employment based on a person's arrest or criminal conviction
    
2. Including an  employment agency to issue any solicitation, advertisement or publication that states, either directly or indirectly, any employment limitations or requirements based on a person's history of arrests or criminal convictions
    
3. To make any inquiry or statement related to the pending arrest or criminal conviction record of any person who is in the process of applying for employment with such employer or agent until after the employer or agent has extended a conditional offer of employment to the applicant.  The bill defines for temporary agency employers a conditional offer of employment to be extended when the individual is placed in the temporary help firm's general candidate pool. An inquiry under this bill includes any question communicated to an applicant in writing or otherwise, or any searches of publicly available records or consumer reports that are conducted for the purpose of obtaining an applicant's criminal background information.

What is Permissible: