Christopher M. McNerney

Individuals who have criminal records that include a crime involving dishonesty, breach of trust, or money laundering have long been prohibited from pursuing employment opportunities with financial institutions like banks or credit unions. But recent changes in the law have removed these barriers, giving countless job seekers a chance to work in this expansive sector of the economy.

When the U.S. Supreme Court delivered its opinion in Spokeo, Inc. v. Robins last May, employers, as well as the companies that provide employers with job applicants’ background information, argued that the ruling was a significant change to the law of standing….

Last month, Los Angeles joined a growing group of U.S. cities taking steps to end hiring discrimination based on a job applicant’s criminal history. The “Los Angeles Fair Chance Initiative for Hiring” ordinance took effect on January 22 and is arguably the strongest…

The laws in New York and elsewhere throughout the country have come a long way in recent years when it comes to protecting job applicants from employment discrimination based on criminal history. “Ban the box” laws and ordinances facilitate opportunities for tens of…

Job seekers in Illinois will soon likely have fewer reasons to worry that past convictions will stand in the way of future employment opportunities. The Illinois legislature recently passed amendments to the Illinois Human Rights Act (IHRA) that expand “ban the box” protections against employment and hiring discrimination based on criminal history. If signed by Gov. J.B. Pritzker as expected, SB 1480 will make it more difficult for employers to justify using past convictions for adverse hiring decisions.

Job seekers and workers in Philadelphia will soon have fewer worries about whether their criminal or credit histories will stand in the way of potential opportunities. That is due to a series of amendments to Philadelphia’s “Ban The Box” ordinance and other provisions of The Philadelphia Code that further limit the information employers can use when screening candidates and making employment decisions. If you are looking for work in Philadelphia, here is what you need to know about these changes and how they impact your right to be free from employment discrimination based on unrelated criminal history.

In New York City and elsewhere in the country in recent years, job applicants and employees have obtained increased protections from employment discrimination based on criminal history. “Ban the box” laws and ordinances, including New York City’s Fair Chance Act (FCA), provide opportunities for tens of thousands of workers, under the idea that past transgressions should not render a person ineligble for all employment. As New York City explains, “there is no greater danger to the health, morals, safety and welfare of the city and its inhabitants than the existence of groups prejudiced against one another and antagonistic to each other because of their actual or perceived differences, including those based on . . . conviction or arrest record.” 

It has been said that in every crisis lies opportunity. Unfortunately, the twin crises of the COVID-19 pandemic and the recession that followed have increased opportunities for unscrupulous employers to engage in rampant wage theft, including minimum wage and overtime violations. A recent study found that large numbers of low-wage and minimum wage workers, already vulnerable from economic upheaval and uncertainty, are likely being paid less than the law requires, or not receiving paychecks at all.