Carly Barratt Quoted in “‘Ban-the-Box’ Enforcement Gains Steam in NY. What Employers Need to Know.”

New York Law Journal

Carly Baratt, Associate in the Employment, Labor & Workforce Management practice, in the firm’s New York office, was quoted in the New York Law Journal, in “‘Ban-the-Box’ Enforcement Gains Steam in NY. What Employers Need to Know.” by Mike Scarcella. (Read the full version – subscription required.)

Following is an excerpt:

In 2012 the U.S. Equal Employment Opportunity Commission issued guidance on the use of arrest and conviction records in employment. That guidance was put on hold in early 2018 after the state of Texas sued in protest, and a federal court judge said the EEOC overreached in its demands to employers.

The Massachusetts state attorney general, Maura Healey, said in June that her office settled with four businesses and issued warning letters to 17 others for alleged violations. The Massachusetts law bans employers from asking about criminal records on job applications.

“These actions highlight that businesses operating in jurisdictions with ban-the-box laws must ensure that their prehiring practices comply with such laws or risk regulatory fines, not to mention public disrepute and potential civil liability,” Epstein Becker & Green associate Carly Baratt wrote in a blog post about the Massachusetts action.

Related reading:

Hospitality Labor and Employment Law, “Massachusetts Attorney General Enforces State Ban the Box Law for First Time, Fining Three Businesses and Issuing Warnings to 17 Others,” by Carly Baratt.