ENACTED LEGISLATION
LOS ANGELES, CALIFORNIA: Los Angeles City Council passes “Ban the Box” Ordinance
Summary: The Los Angeles City Council passed the Fair Chance Initiative which prohibits most employers from asking about an applicant’s criminal history until a conditional offer of employment has been made. The Ordinance also includes an “individualized assessment” requirement for criminal records as well as additional pre-adverse action notification requirements.  
Impact(s): Los Angeles employers
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SAN ANTONIO, TEXAS: San Antonio City Council approves proposal to “Ban the Box” on city job applications
Summary: The San Antonio City Council Governance Committee approved a proposal by Councilman Ray Saldana to create a “Fair-Chance Ordinance” that would remove questions about conviction history from city employment applications and delay such inquiries until after a conditional offer of employment is made.
Impact(s): San Antonio public employers
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OTHER UPDATES
PHILADELPHIA, PENNSYLVANIA: Philadelphia City Council passes ordinance to ban employers from asking about salary history
Summary: Philadelphia city council has passed an ordinance making it an unlawful employment practice for an employer to inquire about a prospective employee’s wage history, to require disclosure of wage history, or to condition employment or consideration for an interview on disclosure of wage history, or to retaliate against a prospective employee for failing to comply with any wage history inquiry or for otherwise opposing any act made unlawful by the law. The ordinance is awaiting Philadelphia Mayor Jim Kenney’s signature. 
Impact(s): Philadelphia employers
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FEDERAL: U.S. Office of Personnel Management to issue “Ban the Box” rule for federal agencies 
Summary: The U.S. Office of Personnel Management (OPM) is issuing a final rule revising its regulations pertaining to when, during the hiring process, a hiring agency can request information typically collected during a background investigation from an applicant for Federal employment. The OPM recognizes that there are legitimate, job/position-related reasons why a hiring agency may need to determine suitability at an earlier stage in the employment process. As such, this rule allows agencies to request from OPM an exception to accommodate such circumstances.  Requests for an exception must be submitted to OPM by the agency’s Chief Human Capital Officer (or equivalent) at the agency headquarters level.
Impact(s): Federal agencies
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FAIR CREDIT REPORTING ACT: Rite Aid asks federal judge for dismissal or summary judgment in potential FCRA class action lawsuit
Summary: Rite Aid filed a motion to dismiss or alternatively for summary judgment in a potential class-action lawsuit alleging that Rite Aid violates the FCRA by using consumer reports for employment purposes without following the statute’s pre-adverse action requirements.  The plaintiff had already settled claims as part of a related suit against LexisNexis. Rite Aid argues that the plaintiff’s claim was based on an agency relationship between LexisNexis and Rite Aid.  Thus, Rite Aid argues that plaintiff settled the suit with LexisNexis, she gave up her claims against Rite Aid.
Impact(s): FCRA compliance – for general legal review
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