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Background Screening News & Legal Updates

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December 19, 2014

Three Michigan Bills Pass to Help Integrate Former Convicts Into the Workforce

Legislators passed three Michigan bills that work cohesively together to aid former convicts in the transition into the workforce. Michigan HB 5216, HB 5217, HB 5218 were passed in hopes convicts would avoid re-entering the criminal system if they had a better chance at a stable job. When a prisoner is released, the bills state that a number of items shall be released to the prisoner.

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December 16, 2014

No more hiding: On Dec. 9, the U.S. Equal Opportunity Employment Commission (EEOC) was ordered to turn over information about its internal background check policy to BMW Manufacturing Co. LLC. The win for BMW reverses an Oct. 10 order that denied BMW’s motion to compel documents.

No more hiding: On Dec. 9, the U.S. Equal Opportunity Employment Commission (EEOC) was ordered to turn over information about its internal background check policy to BMW Manufacturing Co. LLC. The win for BMW reverses an Oct. 10 order that denied BMW’s motion to compel documents. The original complaint, filed in June 2013 by the EEOC alleged BMW violated former employees' civil rights by using criminal background checks that had a disproportionate effect on black employees and applicants.

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December 12, 2014

A report conducted in 2011 discovered around 800,000 criminal records dating back to at least 20 years have not been reported to the Nevada state criminal information repository. It is estimated all the records will be backlogged until 2018.

A report conducted in 2011 discovered around 800,000 criminal records dating back to at least 20 years have not been reported to the Nevada state criminal information repository. It is estimated all the records will be backlogged until 2018. The report conducted by MTG Management Consultants found Nevada law enforcement agencies and the courts had not been reporting the criminal records to the state for years.

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December 10, 2014

Individuals can be barred for obvious reasons, such as committing fraud or patient abuse. However, there are less well known reasons to be on the exclusion list, including defaulting on student loans or for a misdemeanor conviction related to controlled substances.

Daybreak Venture, LLC, the general partner of 74 skilled nursing and long-term-care facilities throughout Texas, settled with the Office of Inspector General (OIG) for the U.S. Department of Health and Human Services (HHS) on Oct. 24 to the tune of $357,341.96. The reason? According to authorities, seven facilities operated by the Texas-based company hired staff that had been excluded from employment with federal health programs… and subsequently billed Federal health care programs for items or services provided by the excluded individuals.

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December 9, 2014

MD Board of Physicians Under Fire for Licensing Convicted Rapist

The Maryland Board of Physicians is under fire for giving a license to a man who admitted a felony record on his application. Later investigation revealed he was convicted of rape and is currently facing two separate lawsuits involving medical malpractice. The medical board is changing its licensing and relicensing procedures after past incidents of granting licenses to doctors with criminal histories and this most recent incident involving former doctor, William Dando.

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December 8, 2014

Columbia, Missouri City Council Agrees to ‘Ban the Box’

On Dec. 1, the Columbia, Missouri City Council approved new Ban the Box legislation, requiring employers in the city to withhold questions about criminal history on initial job applications. The Columbia Daily Tribune reports the city's new ordinance is the most far-reaching of similar laws in Missouri cities because it applies to public and private employers. Similar ordinances in Kansas City and St. Louis apply only to public employees.

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December 8, 2014

Sony Pictures Leak Includes Employee Background Checks

By now you’ve likely heard about the successful attack on Sony Pictures’ computer systems where hackers stole as much as 100 terabytes of data. The hackers, who refer to themselves as the “Guardians of Peace,” first hacked Sony on Nov. 24, and have since leaked movies and sensitive employee information. They also have reportedly threatened employees and their families by directly contacting them via e-mail.

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December 3, 2014

 Texas Fights Back in EEOC Suit, Files Opening Appellate Brief

Earlier this year, the Equal Employment Opportunity Commission (EEOC) convinced the U.S. District Court for the Northern District of Texas to dismiss the state's lawsuit challenging the agency’s guidance on the use of criminal background checks in hiring. In State of Texas v. EEOC, Texas sued the federal government saying recent EEOC rules might force the state to hire convicted felons as teachers or even DPS troopers.

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December 3, 2014

Highly Paid County Administrator Found With Existing Theft Convictions

A top administrator for the Snohomish County's Public Works Department in Washington state has been put on paid leave following the discovery of two recent theft convictions. She has worked for the county for 30 years. Pam Miller was found guilty of two felony theft convictions in May 2013 while working as treasurer for the Washington State Racing Pigeon Organization.

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December 2, 2014

On Monday, Mach Mining filed the last brief with the Supreme Court prior to the oral argument set for January 13, 2015. In short, Mach Mining told the U.S. Supreme Court that the U.S. Equal Employment Opportunity Commission's (EEOC) obligation to conciliate bias claims before suing employers should be subject to “meaningful” court review, saying such a review would not undermine the agency's enforcement efforts.

On Monday, Mach Mining filed the last brief with the Supreme Court prior to the oral argument set for January 13, 2015. In short, Mach Mining told the U.S. Supreme Court that the U.S. Equal Employment Opportunity Commission's (EEOC) obligation to conciliate bias claims before suing employers should be subject to “meaningful” court review, saying such a review would not undermine the agency's enforcement efforts. Mach Mining’s reply brief is here. This comes after six advocacy groups backing the EEOC in the Mach Mining v. EEOC case filed an amicus brief with the SCOTUS, saying courts should not be allowed to second-guess the agency's required efforts to conciliate bias claims before suing employers.

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