Peruse and stay current on a variety of topics with this eNewsletter.
Peopletrail actively tracks the regulatory and legal environment that surrounds employment and criminal background screening. This helps you remain compliant with the FCRA, EEOC, and other regulatory standards or agencies. The following includes recaps of the most significant updates impacting the screening industry in recent weeks.
The Indiana legislature joined the ban-the-box debate this year by passing Senate Bill 312. The bill makes Indiana the first state in the nation to prohibit such ordinances. This means that the state will protect a business’ right to inquire about their employee’s and applicant’s convictions or arrests. Read More
Employers are prevented from inquiring about a job applicant’s criminal history until after a conditional offer of employment has been made. If an employer desires to rescind an offer of employment based on criminal history, the factors outlined the New York Correction Law must be taken into consideration in order to determine whether there is a “direct relationship” between the applicant’s criminal conviction history and the job duties in question. Read More.
New York City has issued guidance in interpreting the new Fair Chance Act. Read More.
Seventh Circuit Finds No Standing When Background Check Disclosures Contain Extraneous Information
On August 1, 2017, the Seventh Circuit Court held that a plaintiff who alleged that extraneous information in a background check disclosure form lacks the necessary standing to maintain a lawsuit. Read More.
Ninth Circuit in Spokeo: Inaccurate Consumer Reports Support Standing in FCRA Cases
On August 15, 2017, the Ninth Circuit issued its ruling in the remanded Spokeo case that the injury the plaintiff alleged was sufficiently concrete to meet the Supreme Court’s test. The Ninth Circuit noted that plaintiffs must allege a concrete injury, either tangible or intangible, in the context of a statutory violation. This ruling will be most important in cases where plaintiffs assert claims based on allegedly statutory violation where they are attempting to establish that they were harmed in the way that Congress had sought to protect against in enacting the statute. Read More
Panda Express Settles Discrimination Case
Panda Express agreed to pay $600,000 to settle a claim that it discriminated against workers who weren’t American citizens. The company required legal residents of the U.S. continually provide documentation that verified their ability to work. This documentation had to be shown even though it had already been proven. The company did not ask the same of the staffers who were citizens. Read More.
Drug Testing Company Dismissed from Discrimination Suit
A federal judge ruled that a drug testing company cannot be held responsible for a business’s decision not to hire based on a positive drug test. Read More.
Employer Must Face Lawsuit after Rescinding Job Offer over Positive Drug Test
A federal judge determined that an employee who uses marijuana for medicinal purposes can sue an employer who rescinded a job offer after a positive pre-employment drug test. This decision is in compliance with Connecticut’s marijuana laws. Read More.
Our Actionable Insight® Newsletter provides additional in-depth insights and opinions on trending topics in the background screening industry. We encourage all recruiting and HR professionals to sign-up to receive this valuable publication to stay informed of the latest news and issues impacting screening compliance.
Peopletrail is a leading provider of advanced screening and onboarding technology to improve processes and enhance the candidate experience. As part of the accredited elite, only Peopletrail combines superior customer service through dedicated account managers with efficient, state-of-the-art technology integration to deliver on-demand, accurate and timely consumer reporting results. Government agencies and Fortune 500 to small up-and-coming businesses trust Peopletrail to provide Actionable insight you trust®.
Employment Screening | Criminal Background Checks | Identity Checks | Tenant Screening | Employment Verifications | Drug & Health Screening | Professional License Verifications | Medicaid Sanctions Monitoring | E-Verify & I-9 Processing | Extended Workforce Screening | International Screening | Credit Reports