2 | 2025 Employment Laws on the Horizon © Seyfarth Shaw LLP Workplace Laws, Regulations, Rules, and Policies “consequential decisions” that may open the door to a range of employment claims. (S.B. 205; Seyfarth Post) Background Checks IL (Eff. 1/1/25) – IL’s Health Care Worker Background Check Act expands to allow health care employers to cover comprehensive community mental health centers, requiring background checks for all employees, volunteers, interns, unpaid personnel, and agents. (S.B. 3661) MO (Eff. 1/1/25) – With limited exceptions, applicants may answer “no” to an employer’s inquiry regarding past arrests, charges, or crime convictions that have been expunged. (S.B. 754) NY (Eff. 3/22/25) – It is an unlawful discriminatory practice to require an individual to provide a copy of their criminal history record obtained from the Div. of Criminal Justice Services, because such record contains “unsuppressed” confidential information. (A. 6637 / S. 940) Biometric Data CO (Eff. 7/1/25) – CO protects biometric data (e.g., fingerprints, voiceprints, eye retina/iris scans, and facial maps, but excludes photographs and voice recordings). Employers may require employees and applicants, as a condition of employment, to consent to the collection of biometric identifiers for limited articulated uses (e.g., recording the beginning and end of a day, meal and rest breaks in excess of 30 minutes, access to a secure locations, and certain electronic hardware or software). To collect biometric identifiers for reasons not listed within the statute, employers must have voluntary consent. (H.B. 1130) Cannabis KY (Eff. 1/1/25) – Medical marijuana legalized. Employers do not have to accommodate the use or possession of medical marijuana and may implement policies that restrict its use and the use of certain equipment by qualified patients. (S.B. 47) RI (Eff. 2/1/25) – RI adopts the federal schedule of controlled substances published in the CFR. (S. 2820) NE (Pending Litigation) – Medical marijuana legalized via a voter initiative, but the effective date is unknown. Employers are not required to accommodate its use in the workplace. (Announcement; Proclamations) CROWN Act CA (Eff. 1/1/25) – The list of protected classes under the Unruh Civil Rights Act and the CA Fair Employment and Housing Act now define “race” as inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles. “Protective hairstyles” include, but is not limited to, hairstyles such as braids, locs, and twists. Also, the definition of “race” in the Gov’t Code expands, no longer requiring traits to be “historically” associate with race. (A.B. 1815) Gwinnett Cnty., GA (Eff. 1/1/25) – Gwinnett County code amended it’s definition of “race” to include traits associated with race and national origin, including, but not limited to hair texture, hair types, and protective hairstyles, such as braids, locs, Bantu knots, Afros, and twists unless the hairstyle restricts the person’s ability to safely engage in a particular job or interferes with the performance of their essential job functions. (Ord. 2024-0456) EEO Laws: Discrimination CA (Eff. 1/1/25) – The CA Fair Employment and Housing Act now provides protection from discrimination on the basis of intersectionality
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