Pamela Q. Devata
Chicago, Clarendon Hills
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Articles by Pamela Q. Devata
Webinar – Fair Hiring in Focus: Background Checks, AI, and Emerging Compliance Risks
REGISTER HERE Tuesday, May 19, 2026 3:00 p.m. to 4:00 p.m. Eastern 2:00 p.m. to 3:00 p.m. Central 1:00 p.m. to 2:00 p.m. Mountain 12:00 p.m. to 1:00 p.m. Pacific Recent developments in background screening, fair hiring laws, and the use of artificial intelligence in employment decisions continue to create significant compliance challenges for employers nationwide.
Philadelphia Employers Face New Compliance Challenges When Considering Criminal Records
Seyfarth Synopsis: On October 8, 2025, Philadelphia Mayor Cherelle Parker signed significant amendments to the City’s “Fair Criminal Record Screening Standards” ordinance, further restricting how employers may use criminal history information and expanding procedural requirements before taking adverse action. Employers with workers in Philadelphia should promptly evaluate their screening practices and update their policies, notices, and vendor processes to ensure compliance.
New York State Bans the Use of Credit Checks In the Employment Context | JD Supra
Seyfarth Synopsis: Effective April 18, 2026, New York State will prohibit employers from requesting or using consumer credit history for employment decisions, with only narrow exemptions. The law also prohibits background screening agencies from providing credit history information unless an exemption applies. This change aligns New York with a growing number of jurisdictions limiting employer use of credit information.
San Diego County Joins California Jurisdictions With Fair Chance Ordinances
SS Seyfarth Shaw LLP More With more than 900 lawyers across 18 offices, Seyfarth Shaw LLP provides advisory, litigation, and transactional legal services to clients worldwide. Our high-caliber legal representation and advanced delivery capabilities allow us to take on our clients’ unique challenges and opportunities-no matter the scale or complexity.
San Diego County Joins California Jurisdictions With Fair Chance Ordinances
Seyfarth Synopsis: Since 2018, California has had a comprehensive Fair Chance Act (CFCA), which places a number of restrictions on employers using criminal history for hiring and other employment purposes. San Francisco and the City of Los Angeles followed suit, and as we discussed here, the California Civil Rights Department made a host of changes to its CFCA regulations, which were effective October 1, 2023.
Employers Face Onerous Compliance Obligations Under the New Los Angeles County Fair Chance Ordinance | JD Supra
Effective September 3, 2024, employers with locations or employees (including remote workers) in the unincorporated areas of Los Angeles County (ULAC) will be subject to a new Fair Chance Ordinance. To say that the new requirements are challenging is an understatement.
Employers Face Onerous Compliance Obligations Under The New Los Angeles County Fair Chance Ordinance
Effective September 3, 2024, employers with locations or employees (including remote workers) in the unincorporated areas of Los Angeles County (ULAC) will be subject to a new Fair Chance Ordinance. To say that the new requirements are challenging is an understatement.
Massachusetts Set To Restrict Employers From Using Credit Checks In Making Employment Decisions
Seyfarth Synopsis: On March 14, 2024, the Massachusetts House of Representatives passed legislation that would prohibit employers from obtaining or using a true credit report for employment purposes. The proposed law, which includes only limited exceptions, would be one of the most restrictive of its kind in the country. The bill is expected to pass the Senate and be signed by Governor Maura Healey. If passed, the law would go into effect January 1, 2025. Scope of Restriction.
Massachusetts Set to Restrict Employers from Using Credit Checks in Making Employment Decisions | JD Supra
Seyfarth Synopsis: On March 14, 2024, the Massachusetts House of Representatives passed legislation that would prohibit employers from obtaining or using a true credit report for employment purposes. The proposed law, which includes only limited exceptions, would be one of the most restrictive of its kind in the country. The bill is expected to pass the Senate and be signed by Governor Maura Healey. If passed, the law would go into effect January 1, 2025. Key Provisions Scope of Restriction.
Massachusetts Set to Restrict Employers from Using Credit Checks in Making Employment Decisions
By Jean M. Wilson and Pamela Q. Devata Seyfarth Synopsis: On March 14, 2024, the Massachusetts House of Representatives passed legislation that would prohibit employers from obtaining or using a true credit report for employment purposes. The proposed law, which includes only limited exceptions, would be one of the most restrictive of its kind in the country. The bill is expected to pass the Senate and be signed by Governor Maura Healey. If passed, the law would go into effect January 1, 2025.
Navigating the New World of Work: Is Contracting on the Way Out? | JD Supra
Seyfarth Synopsis: The use of contracting arrangements is widespread; however, around the world, we are seeing trends suggesting this type of work arrangement may become more restricted, higher cost or higher risk to companies in the future. We asked several partners to share their insights on what’s changing for companies that use contractors and what the key impacts of this may be in the future. What changes are we seeing in the use of contractors?
Navigating The New World Of Work: Is Contracting On The Way Out?
The use of contracting arrangements is widespread; however, around the world, we are seeing trends suggesting this type of work arrangement may become more restricted, higher cost or higher risk to companies in the future. We asked several partners to share their insights on what's changing for companies that use contractors and what the key impacts of this may be in the future.
Navigating the new world of work: Is contracting on the way out?
The use of contracting arrangements is widespread; however, around the world, we are seeing trends suggesting this type of work arrangement may become more restricted, higher cost or higher risk to companies in the future. We asked several partners to share their insights on what’s changing for companies that use contractors and what the key impacts of this may be in the future. What changes are we seeing in the use of contractors?
Navigating the new world of work: Is contracting on the way out?
The use of contracting arrangements is widespread; however, around the world, we are seeing trends suggesting this type of work arrangement may become more restricted, higher cost or higher risk to companies in the future. We asked several partners to share their insights on what’s changing for companies that use contractors and what the key impacts of this may be in the future. What changes are we seeing in the use of contractors?
Navigating the new world of work: Is contracting on the way out?
The use of contracting arrangements is widespread; however, around the world, we are seeing trends suggesting this type of work arrangement may become more restricted, higher cost or higher risk to companies in the future. We asked several partners to share their insights on what’s changing for companies that use contractors and what the key impacts of this may be in the future. What changes are we seeing in the use of contractors?
California Employers Using Criminal History Face New Compliance Obligations | JD Supra
For many years, California employers have been subject to the state’s Fair Chance Act, which (in a nutshell) requires employers to: wait until after a conditional offer of employment to inquire about or consider criminal history; conduct an individualized, job-related assessment before rejecting an applicant due to criminal history; and follow a two-step notice process if action is taken based on the criminal history, which is similar, but not identical, to the Fair Credit Reporting Act’s...
EXPERT INSIGHTS-CALIFORNIA EMPLOYERS USING CRIMINAL HISTORY FACE NEW COMPLIANCE OBLIGATIONS
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California Employers Using Criminal History Face New Compliance Obligations
For many years, California employers have been subject to the state's Fair Chance Act, which (in a nutshell) requires employers to: wait until after a conditional offer of employment to inquire about or consider criminal history; conduct an individualized, job-related assessment before rejecting an applicant due to criminal history; and follow a two-step notice process if action is taken based on the criminal history, which is similar, but not identical, to the Fair Credit Reporting Act's...
California Employers Using Criminal History Face New Compliance Obligations
For many years, California employers have been subject to the state’s Fair Chance Act, which (in a nutshell) requires employers to: wait until after a conditional offer of employment to inquire about or consider criminal history; conduct an individualized, job-related assessment before rejecting an applicant due to criminal history; and follow a two-step notice process if action is taken based on the criminal history, which is similar, but not identical, to the Fair Credit Reporting Act’s...
Congress Enacts “Fair Hiring in Banking” to Remove Certain Barriers to Employment in the Financial Services Industry | JD Supra
On December 23, 2022, President Biden signed the “James M. Inhofe National Defense Authorization Act for Fiscal Year 2023” which, among many other things, amends Section 19 of the Federal Deposit Insurance Act, 12 U.S.C. Section 1829 (“FDIA”), to reduce hiring barriers across the financial services sector.[i] Some bank associations supported the effort, stating: The statute’s goal of ensuring a trustworthy, reliable banking workforce is important, particularly for an industry built on trust.
Congress enacts “fair hiring in banking” to remove certain barriers to employment in the financial services industry
On December 23, 2022, President Biden signed the “James M. Inhofe National Defense Authorization Act for Fiscal Year 2023” which, among many other things, amends Section 19 of the Federal Deposit Insurance Act, 12 U.S.C. Section 1829 (“FDIA”), to reduce hiring barriers across the financial services sector.[i] Some bank associations supported the effort, stating: The statute’s goal of ensuring a trustworthy, reliable banking workforce is important, particularly for an industry built on trust.
New York City Fair Chance Act: The NYC Commission On Human Rights Pushes For Significant Changes A Point Two L&E Nation Podcast
United States: New York City Fair Chance Act: The NYC Commission On Human Rights Pushes For Significant Changes A Point Two L&E Nation Podcast 31 January 2022 by Robert T. Szyba and Pamela Devata Seyfarth Shaw LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Another Busy Year for Employment-Purposed Background Checks: What Happened in 2021?
Each year, employers revisit and possibly modify their background screening policies and practices to account for newly enacted ban-the-box and other laws impacting background screening. Last year, we saw some major developments, which are highlighted in this alert. Illinois Illinois amended the Illinois Human Rights Act to make it more difficult for employers to reject applicants or terminate employees based on their conviction history.
Important Supreme Court Ruling on Standing
In June 2021, the U.S. Supreme Court issued its opinion in TransUnion LLC v. Ramirez, reversing a class action award of roughly $40 million in a case brought under the Fair Credit Reporting Act (FCRA). On appeal, the Court addressed whether class members who were not harmed by TransUnion’s alleged violations could still recover damages in federal court based on purely technical violations of the law.
Louisiana Employers Now Subject to “Fair Chance” Law | JD Supra
Seyfarth Synopsis: On June 16, 2021, Louisiana joined the growing list of states and localities with so-called “Fair Chance” laws by enacting its own law restricting an employer’s consideration of criminal history in hiring decisions. With an effective date of August 1, 2021, Louisiana employers should consider an immediate review of their criminal history screening policies to ensure compliance with the new law.
Iowa Supreme Court Partially Invalidates Waterloo “Ban-the-Box” Law | JD Supra
Seyfarth Synopsis: On June 18, 2021, the Iowa Supreme Court upheld a portion of the Waterloo, Iowa ban-the-box law’s restrictions on “when” employers can inquire about criminal history, but struck down restrictions on “what” types of information could form the basis for an adverse employment action.
New York City Fair Chance Act: 2021 Amendments | JD Supra
Seyfarth Synopsis: The New York City’s Fair Chance Act amendments are scheduled to go into effect on July 29, 2021, after bill Introduction No. 1314-A became law on January 10, 2021.
“No Concrete Harm, No Standing”: Supreme Court Holds That Class Members Who Suffer No Concrete Harm From Statutory Violation Do Not Have Article III Standing And Cannot Recover Damages In Federal Court. | Seyfarth Shaw LLP - JDSupra
Seyfarth Synopsis: On June 25, 2021, the United States Supreme Court reversed the Ninth Circuit Court of Appeals in TransUnion LLC v. Ramirez, holding that the vast majority of class members did not suffer a “concrete harm” from TransUnion’s violations of the federal Fair Credit Reporting Act (“FCRA”). In its decision, the Supreme Court reinforced that each class member must demonstrate a “concrete harm” to have Article III standing and be entitled to damages in federal court.
"No Concrete Harm, No Standing": Supreme Court Holds That Class Members Who Suffer No Concrete Harm From Statutory Violation Do Not Have Article III Standing And Cannot Recover Damages In Federal Court. - Litigation, Mediation & Arbitration - United State
United States: "No Concrete Harm, No Standing": Supreme Court Holds That Class Members Who Suffer No Concrete Harm From Statutory Violation Do Not Have Article III Standing And Cannot Recover Damages In Federal Court. 29 June 2021 by John Drury and Pamela Devata Seyfarth Shaw LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
U.S. Supreme Court Holds That Class Members Who Suffer No Concrete Harm From Statutory Violations Do Not Have Article III Standing And Cannot Recover | JD Supra
Seyfarth Synopsis: On June 25, 2021, the U.S. Supreme Court reversed the Court of Appeals for the Ninth Circuit in TransUnion LLC v. Ramirez, No. 20-297 (U.S. June 25, 2021). The Supreme Court held that the vast majority of class members did not suffer any “concrete harm” from TransUnion’s alleged violations of the federal Fair Credit Reporting Act (“FCRA”), and therefore did not have Article III standing.
U.S. Supreme Court Holds That Class Members Who Suffer No Concrete Harm From Statutory Violations Do Not Have Article III Standing And Cannot Recover
By Gerald L. Maatman, Jr., Pamela Q. Devata, and John Drury Seyfarth Synopsis: On June 25, 2021, the U.S. Supreme Court reversed the Court of Appeals for the Ninth Circuit in TransUnion LLC v. Ramirez, No. 20-297 (U.S. June 25, 2021). The Supreme Court held that the vast majority of class members did not suffer any “concrete harm” from TransUnion’s alleged violations of the federal Fair Credit Reporting Act (“FCRA”), and therefore did not have Article III standing.
Illinois Enacts Law Providing Enhanced Employment Protections to Individuals With Criminal Convictions | JD Supra
Seyfarth Synopsis: On March 23, 2021, Governor J.B. Pritzker signed into law SB 1480, which includes amendments to the Illinois Human Rights Act prohibiting employment discrimination based on an individual’s conviction history.
Illinois Set To Provide Enhanced Employment Protections To Ex-Offenders
United States: Illinois Set To Provide Enhanced Employment Protections To Ex-Offenders 24 February 2021 by Pamela Devata and Jennifer Mora Seyfarth Shaw LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
Illinois Set to Provide Enhanced Employment Protections to Ex-Offenders | JD Supra
Seyfarth Synopsis: Illinois currently has a ban-the-box law restricting employers from asking about criminal history generally until after an interview and the state’s Human Rights Act makes it unlawful for an employer to take action against an applicant or employee based solely on the fact that the person has been arrested for a crime.
Illinois Set to Provide Enhanced Employment Protections to Ex-Offenders
By Pamela Q. Devata and Jennifer L. Mora Seyfarth Synopsis: Illinois currently has a ban-the-box law restricting employers from asking about criminal history generally until after an interview and the state’s Human Rights Act makes it unlawful for an employer to take action against an applicant or employee based solely on the fact that the person has been arrested for a crime.
Philadelphia Amends Ordinances Regulating Employer Use of Criminal and Credit History Information | JD Supra
Seyfarth Synopsis: On January 20, 2021, Philadelphia Mayor Jim Kenney signed three bills amending the city’s ordinances regulating employer use of criminal and credit history in employment screening. All employers with workers in the City of Philadelphia should immediately assess their screening programs and make necessary adjustments.
Hawaii Expands Scope Of Off-Limits Convictions For Employment Purposes
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Hawaii Expands Scope of Off-Limits Convictions for Employment Purposes | JD Supra
Seyfarth Synopsis: On September 15, 2020, Hawaii Governor David Y. Ige signed Senate Bill 051, which narrows the scope of convictions that employers can use for hiring and other employment-related decisions. The new law is effective immediately. In 1998, Hawaii became the first state to “ban the box,” prohibiting a private employer from inquiring about a job applicant’s criminal history until the employer has made a conditional offer of employment.
Hawaii Expands Scope of Off-Limits Convictions for Employment Purposes
By Pamela Q. Devata and Jennifer L. Mora Seyfarth Synopsis: On September 15, 2020, Hawaii Governor David Y. Ige signed Senate Bill 051, which narrows the scope of convictions that employers can use for hiring and other employment-related decisions. The new law is effective immediately. In 1998, Hawaii became the first state to “ban the box,” prohibiting a private employer from inquiring about a job applicant’s criminal history until the employer has made a conditional offer of employment.
FDIC Issues Final Rule To Codify Section 19's Policy On Hiring Individuals With Convictions For Minor Criminal Offenses
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
FDIC Issues Final Rule to Codify Section 19’s Policy on Hiring Individuals with Convictions for Minor Criminal Offenses | JD Supra
Seyfarth Synopsis: On July 24, 2020, the Federal Deposit Insurance Corporation issued a final rule that codifies the FDIC’s Statement of Policy (SOP) related to Section 19 and makes several important changes to the SOP. The changes narrow the scope of crimes subject to Section 19, enabling more individuals to work for regulated institutions without going through the Section 19 application process.
Ninth Circuit Rejects
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Another New York Locality Bans the Box | JD Supra
Seyfarth Synopsis: On April 27, 2020, the Suffolk County Legislature filed with the Secretary of State an amendment to the county’s Human Rights Code to include a new “Fair Employment Screening” section. As a result, effective August 25, 2020, Suffolk County, New York employers with 15 or more employees will be restricted in their ability to make pre-employment inquiries about an applicant’s criminal history.
Ninth Circuit Rejects “Novel” FCRA Standalone Theory | JD Supra
Seyfarth Synopsis: In recent years, federal courts have weighed in on the Fair Credit Reporting Act’s (FCRA) requirement that consumer report disclosures be in a standalone document consisting solely of the disclosure.
Html.Raw(Update #2: Waterloo, Iowa Enacts Ban The Box Restrictions - Employment and HR - United States)
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Html.Raw(Ninth Circuit Holds That Background Check Disclosures Should Not Contain Any Extraneous Information - Privacy - United States)
To print this article, all you need is to be registered or login on Mondaq.com. Seyfarth Synopsis: On March 20, 2020, the Ninth Circuit Court of Appeals held the Fair Credit Reporting Act's ("FCRA") standalone disclosure requirement does not allow for the inclusion of any extraneous information in an employer's background check disclosure.
FDIC To Codify Policy Under Section 19 Of The Federal Deposit Insurance Act
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FDIC to Codify Policy under Section 19 of the Federal Deposit Insurance Act | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Head's Up: Increased Risk Of Consumer Class Actions With Growing Trend Of Local Restrictions On Reporting And Considering Criminal History For Rental Housing - Real Estate and Construction - United States
To print this article, all you need is to be registered or login on Mondaq.com. On January 21, 2020, the Oakland City Council unanimously passed the of prior criminal history. It also impacts background check companies that offer a tenant screening product ("consumer reporting agencies") because they will have to modify their processes and procedures to ensure that information that is "off limits" to landlords and property managers is not included in a tenant screening report ("consumer report").
Maryland General Assembly Overrides Governor's Veto And Restores Ban-The-Box Law
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
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