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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.

March 4, 2015

New Mexico Senate Passes Ban the Box Bill for Private Employers

A bipartisan bill to extend current statewide ban the box policies to include private employers passed the New Mexico Senate Monday. The Criminal Offender Employment Act Eligibility bill (SB 120) will expand upon New Mexico’s existing Ban the Box law, which prohibits government agencies from inquiring into an applicant’s criminal past on initial job applications.

February 24, 2015

Georgia Governor Passes Ban the Box Initiative

Georgia Governor Nathan Deal signed an executive order Monday for a Ban the Box initiative. This order bars state employers from asking applicants about their criminal history on initial job applications.

The Governor signed the order in hopes to help criminals integrate back into society and avoid getting locked up again.

February 20, 2015

Fourth Circuit Rejects EEOC Disparate Impact Claim in Freeman Case

On Friday the Fourth Circuit rejected the Equal Employment Opportunity Commission’s (EEOC) latest attempt to expand disparate impact law in EEOC v. Freeman, No.13-2365 (4th Cir. Feb. 20, 2015). According to Seyfarth Shaw LLP, today’s decision “[…]affirms a summary judgment ruling by Judge Roger Titus of the U.S. District Court for the District of Maryland last August, which dismissed the EEOC’s nationwide pattern or practice lawsuit due to the EEOC’s reliance on ‘laughable’ and ‘unreliable’ expert analysis.”

February 19, 2015

Macon-Bibb County Georgia Passes Ban the Box

The Macon-Bibb County commissioners voted to Ban the Box on the county’s employment forms for applicants with criminal records. By a 6-3 vote, commissioners voted to approve a resolution to have the county attorney write the ordinance. Once the county attorney writes the ordinance, it goes to the commission for a full vote.

February 18, 2015

New Jersey Teacher Charged For having Sex with Six Male Students

A New Jersey High School teacher has been charged with a 40 count indictment for allegedly having sex with six male students. The crimes took place between 2013-2014 with all of the students being in ages between 14-15. Nicole DuFault, the alleged predator, was a language arts high school teacher at Columbia High School for nine years. She was originally arrested in September 2014 for the crimes and posted a $500,000 bail in October.

February 17, 2015

Pizza Hut Joins the Club: Restaurant Chain in FCRA Class Action Suit

Pizza Hut has joined a long list of companies – including Michaels, Paramount Pictures, Whole Foods, Dollar General, Publix Super Market, Home Depot and LinkedIn – that have come under fire for their background screening process. The class action complaint filed on Jan. 15 in New York federal court accuses the restaurant chain of violating the Fair Credit Reporting Act (FCRA), which regulates employers’ use of background reports during the hiring process.

February 13, 2015

Spammers Send Malware Infested Background Check Emails in Wake of Data Breach

Be on alert for a malware infested email with the subject line “Someone recently viewed your background-information.” In wake of the Anthem Insurance data breach that affected as many as 80 million customers, spammers are using the leaked email addresses to send infected emails.

February 10, 2015

Child Care Providers with Felony Records Uncovered in Utah

A Utah bill aims to change the background screening requirements for child care providers to be more inclusive of previously exempted providers and increase transparency. Backed by Sen. Allen Christensen, R-North Ogden, Senate Bill 12 will tighten restrictions on certain small, unlicensed child care providers in the state – including church groups and some charter schools - that are not currently required to submit to background checks.

February 10, 2015

Washington Senator Proposes Statewide Legislation for Uber, Lyft

The Seattle Times reports that lawmakers in Olympia, Washington have introduced a bill to regulate app-based ride-sharing services like Uber, Lyft and Sidecar. If passed, Senate Bill 5550 would require transportation network companies to provide adequate insurance, conduct driver background checks, supply data to the state, and pay for annual permits.

February 4, 2015

New PA Law Requires Criminal Background Check for College Faculty, Staff

Faculty and staff at Pennsylvania’s public and private colleges are now required to submit to routine criminal background checks as part of an extensive revision to the state's child protection laws. The law is part of a package of bills – 23, to be exact – developed as a result of recommendations by the Pennsylvania Task Force on Child Protection following the Jerry Sandusky scandal in 2011.

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