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Background Screening News & Legal Updates

At OPENonline, we notify you of the most recent background screening and investigative news with our timely news alerts, press releases, blog articles and legislative & compliance updates. If you are interested in submitting an article to appear on our website, please contact our marketing department.

September 4, 2015

In recognition of Labor Day our offices will be closed on Monday, September 7, 2015. We will return to normal operation on Tuesday, September 8, 2015 at 8 a.m. EST. Please do not hesitate to contact us at 800.366.0106 should you have any questions regarding our upcoming holiday hours or your account.

Many government agencies will also be closed for the national holiday; minor delays may occur for some search results.

We appreciate your continued business and hope you have a safe and enjoyable holiday!

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September 3, 2015

“The Equal Employment Opportunity Commission (EEOC) announced that the retail giant would pay $2.8 million to resolve a charge related the discriminatory practices, which Target used nationwide and the EEOC first discovered in 2006, according to Julie Schmid, action director of the EEOC’s office in Minneapolis according to Fortune.

“Employers use many kinds of tests—including cognitive tests, personality tests, physical ability tests and aptitude tests—in an effort to identify the best people to hire or promote for the job. However, a test does not have to be validated, under the EEOC’s Uniform Guidelines on Employee Selection Procedures, unless use of the test results in an ‘adverse impact’ on a group protected under Title VII (e.g., a group identified by sex, race or ethnicity).” Colleen Regan, an attorney with Seyfarth Shaw in Los Angeles.

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September 2, 2015

After an incredibly tragic public death of two journalists caused by the actions of a past colleague that was fired, a bright spotlight has been put on workplace violence. 

Workplace violence is defined as any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site. It ranges from threats and verbal abuse to physical assaults and even homicide. It can affect and involve employees, clients, customers and visitors. According to the Bureau of Labor Statistics Census of Fatal Occupational Injuries (CFOI), there were 397 workplace homicides in 2013, falling 16 percent from 475 in 2012. Shootings were the most frequent manner of death in workplace homicides. 

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September 1, 2015

Does “ban-the-box” matter to your company?  Supporters view the ordinance as ending discrimination against applicants with low-level arrests and providing assurance that applicants will be considered solely based on their qualifications. One thing is for sure the “ban-the-box” movement is on fire.The increase is largely attributable to the grassroots efforts of numerous organizations that aim to remove hiring barriers for individuals with criminal records. Employers who are caught unaware, or do not comply with these laws, risk exposure to fines and penalties, and being a target for individual and class-action lawsuits

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September 1, 2015

The case, Manuel v. Wells Fargo Bank, N.A. in the United States District Court for the Eastern District of Virginia, Senior United States District Judge Robert E. Payne denied the Defendant’s motion for summary judgment that alleges Wells Fargo violated the FCRA 15 USC § 1681 et seq on two counts: 1.) Violation of §1681b (b) (2) (A) of the FCRA, “a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless: 

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August 26, 2015

How would you feel if you found out the person that you entrusted to pick you up at the airport was a convicted murderer or kidnapper? Los Angeles has very strict laws concerning what companies are allowed at the airport and when, often referred to as “hailing laws”. An Uber driver showing up at the Los Angeles Airport at the wrong time, an otherwise minor infraction, lead to the discovery of less than comforting past for more than a couple Uber drivers. 

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August 26, 2015

The name Snowden is widely recognized as he is the former government contractor who famously leaked information on the National Security Agency's (NSA) top-secret surveillance programs to media outlets. Concerns over Snowden’s security check and clearance were first raised during a June 20, 2013 Senate hearing, when Patrick McFarland, the inspector general at the Office of Personnel Management, said that the largest United States supplier for government background checks, USIS conducted the 2011 reinvestigation into Snowden – was under investigation for contract fraud, according to Reuters

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August 21, 2015

Youth volunteerism has increased in line with the sixth anniversary of President Obama signing the Edward M. Kennedy Serve America Act. Which notably made service a part of educational curriculums – effectively increasing the number of school age youth volunteers according to the White House. It should come as no surprise that the number of volunteers has doubled, and in some age groups more than doubled in the United States from 1980 to the present, according to The Corporation for National & Community ServiceWith a new surge of willing and able volunteers to pick from, many organizations can afford to be more selective and have their own requirements to be accepted. In some cases background checks are mandated (even though it had previously never been a law).

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August 21, 2015

Maine has passed a social media law that prohibits employers from requiring employees or applicants to provide them with their social media account information and passwords. What is a bit interesting is that this social media law was not passed in the traditional fashion of passage by the legislature and then signed by the Governor.  Instead, it was included in a batch of 65 bills that Governor Paul LePage tried to veto, but was unable to do so because the legislature adjourned. The Maine Supreme Court issued an opinion last week that the 65 bills were now law, including the social media law.  H.P 467 - An Act To Promote Privacy in Social Media

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August 19, 2015

How safe is your child’s daycare? Have you checked and verified credentials and licensure with the state? The Kentucky Cabinet for Health and Family Services has asked a Louisville judge to close a local daycare that is taking care of at least 18 children, according to WDRB and you won’t believe why. On July 10, 2015 the state refused to issue owner, Mr. Owen a childcare license. A state inspector paid the day care a visit 18 days later to follow up. “Since there were 18 children present, and through/by interviews and review of documentation, I found the center was in fact operating illegally,” day care Surveyor Nikki Rhodes said. 

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