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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.

April 29, 2015

Mach Mining vs. EEOC Update: EEOC Must Try To Resolve Complaints Before SuingIn an update on the Mach Mining vs. EEOC lawsuit case, Dinsmore reports “on April 29, 2015, the Supreme Court unanimously held that courts may review whether the United States Equal Employment Opportunity Commission (EEOC) has fulfilled its statutory duty to conciliate discrimination allegations.” This means the Supreme Court ruled the EEOC has an obligation to try and resolve complaints before they sue the accused company.

Dinsmore also reports “however, the power to review is narrow. A court may act as a factfinder only when presented with concrete evidence that the EEOC: (1) did not provide sufficient information about a charge, or (2) did not attempt to engage in a discussion about conciliating the claim.”

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April 27, 2015

Ohio State Background Check System Flawed and UnreliableA Columbus Dispatch investigation found the background check system used by the state of Ohiois flawed and unreliable. It was found the system does not always report accurate and up-to-date information. In fact, some background checks on criminals reported them having clean records.

The Dispatch states “thousands of intertwined criminal-conviction and fingerprint records with processing errors have hung in limbo in a twitchy computer system for months at a time while records of convictions don’t arrive promptly — or at all.”

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April 22, 2015

OSHA Updates Guidance For Protecting Healthcare And Social Service WorkersThe National Law Review reports the Occupational Safety and Health Administration (OSHA) has updated its guidelines for preventing workplace violence for healthcare and social service workers in an effort to reduce injury and risk.

In a press release, the OSHA stated “more than 23,000 significant injuries due to assault at work. More than 70 percent of these assaults were in healthcare and social service settings.”

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April 21, 2015

TSA Tightens Screening Laws for Aviation Workers, More Frequent Background Checks

The Washington Post reports the Transportation Security Administration (TSA) is tightening screening rules and security measures for aviation workers. This comes in response to a criminal case where a Delta Air Lines worker allegedly smuggled guns from Atlanta to New York on commercial airplanes.

All airport and airline employees traveling as passengers must undergo the same TSA screening that all other passengers do. On-duty pilots and crew members are exempt from this rule.

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April 17, 2015

Update: LinkedIn Dodges Reference Check Lawsuit

The Recorder reports a San Jose federal judge has dismissed the lawsuit against LinkedIn that claimed LinkedIn violated the Federal Credit Reporting Act (FCRA) by proving members with potential reference contacts without consent from applicants.

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April 15, 2015

New York City Council To Move Forward On Banning Job Applicant Credit Checks

New York Business Journal reports “The New York City Council appears set to move forward this week with a bill that would ban employers from performing credit checks on prospective employees.

City Council member Brad Lander has long championed such a rule, and was quoted by the New York Daily News saying, “There’s no demonstrated correlation between credit history and job performance, or the likelihood to commit fraud or theft.” Certain job categories would be exempted from the rules, the Daily News added. Last month, the New York Times reported police and fire hirings might be exempted, and it’s not yet clear what other types of positions might be included, too.”

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April 13, 2015

The State of Virginia Bans the Box for Public Jobs The Huffington Post reports the Virginia Governor Terry McAuliffe signed Executive Order 41, the Implementation of “Ban the Box” Hiring Polices in the Commonwealth, on April 3, 2015. This new legislation makes it illegal for public employers to ask about an applicant’s criminal history on initial job applications.

In a press release, the Governor stated, “In a new Virginia economy, people who make mistakes and pay the price should be welcomed back into society and given the opportunity to succeed. This Executive Order will remove unnecessary obstacles to economic success for Virginians who deserve a second chance.”

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April 7, 2015

Allentown, PA Bans the Box

LehighValleyLive.com The Allentown City Council recently passed legislation which bans public city employers from asking applicants about their criminal history on initial job applications.

Starting May 1, 2015, employers will only be allowed to ask applicants about their criminal history when a conditional offer of employment is made.

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April 1, 2015

Violent Sex Offender Hired as Mall Easter Bunny

People magazine reports a Pennsylvania mall unknowingly hired a registered sex offender as their mall Easter Bunny. Michael Paul Jacobs, a convicted sexually violent predator, spent 12 hours portraying the Easter Bunny at Westmoreland Mall in Greensburg, Pennsylvania before he was immediately terminated once the company learned of his criminal record.

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March 26, 2015

Idaho Senate OKs Bill to Ease Restrictions on Uber

On Wednesday, the Idaho Senate voted 23-11 in favor of HB 262, a bill permitting Uber to bypass city ordinances and operate the way it wants, sending the measure to the governor’s desk. The bill, proposed by a lobbyist for Uber, comes after the company suspended operations in Boise in February.

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