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On October 20, 2021, the California Department of Fair Employment and Housing (“DFEH”) issued a press release to announce its plans to use unspecified technology to conduct online searches for statements in job advertisements that violate the Fair Chance Act (“FCA”). According to the DFEH, during a one-day review, it was able to locate over 500 job advertisements that violated the FCA because they stated that the employer would not consider job applicants with criminal records.
Continue Reading California DFEH Embraces Tech to Seek Out Fair Chance Act Violations

Uber Technologies, Inc. has been sued in a class action lawsuit alleging the company’s use of criminal background checks discriminates against Black and Latinx drivers. The complaint, filed in the U.S. District Court for the Southern District of New York on April 8, challenges Uber’s “unlawful use of criminal history to discriminate against its drivers in New York City as well as its brazen noncompliance with human rights and fair credit laws.”…
Continue Reading Gig Employer Hit with Background Check Class Action

In January 2021, New York City amended the Fair Chance Act to expand protections for both applicants and employees with criminal histories.  The amendments take effect July 29, 2021, adding additional protections for workers in the state. …
Continue Reading New York City Expands Protections For Applicants and Employees With Criminal Histories

The New York City Commission on Human Rights recently amended its rules to establish certain definitions and procedures applying the Fair Chance Act. The Act makes it unlawful to discriminate against job applicants and employees on the basis of criminal history, and is particularly important for employers for two reasons….
Continue Reading N.Y.C. Commission on Human Rights Issues New Rules Applying the Fair Chance Act