Upcoming Changes in California’s Law Regarding Criminal Background Checks 

January | California: Draft revisions to the FEHA have been released involving the prohibition of consideration of criminal history prior to a conditional offer of employment. 


Proposed Legislation Limiting Inquiries into an Applicant’s Criminal History Prior to an Offer of Employment Introduced in the New York State Legislature 

February | New York: Bill No. A03726 aims to prohibit employers from inquiring about or making statements regarding the criminal record of applicants. 


The Bar Has Been Lowered – Congress Further Relaxes Hiring Restrictions for Banking Personnel with Criminal Histories 

February | National: The James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 relaxes statutory restrictions on the hiring of individuals with criminal records by insured depository institutions. 


California Seeks to Ban Criminal Background Checks for Most Private Sector Employers 

April | California: Two state senators have introduced SB 809 to replace one of the primary California laws pertaining to criminal history information, aiming to ban criminal background checks. 


DHL Will Pay $2.7M to Settle Class Action Challenging ‘Blanket Ban’ Criminal History Policy 

April | National: DHL Supply has been accused of having a pre-hire criminal history policy that disproportionately affected Black and Hispanic applicants and has been ordered to pay $2.7M. 


Baton Rouge Contractors Now Require to ‘Ban the Box,’ Intended to Give Ex-Convicts Job Opportunities 

May | Louisiana: A new ordinance bars contractors and sub-contractors doing work with the city-parish from asking job applicants about their criminal history until late in the hiring process. 


Chicago Enacts Amendments to and Expands Requirements of its Criminal History Screening Ordinance 

May | Illinois: An amendment has been made to the ban-the-box ordinance in Chicago and the changes took effect immediately. 


New York Legislature Bans Consideration of Most Older Convictions in Employment Decisions 

June | New York: New York’s “Clean Slate Act” aims to provide for the automatic sealing of records of certain convictions after specified periods of time. 


Monroe County NY Adopts Fair Chance Employment Act to “Ban the Box” 

August | New York: A new law has been adopted by the Monroe County legislature that would prohibit applications for county employment from inquiring about criminal history. 


California Approves Amended Regulations on Employers’ Consideration of Criminal History 

September | California: Employers in California must comply with an individualized assessment and other Fair Chance Act requirements for many current employees and applicants. 


EEOC Issues Federal Workforce Reports Focused on Workers with History of Arrest or Conviction 

September | National: The EEOC has issued two companion reports examining the federal employment of workers with arrest or conviction records.