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Sunday, May 31, 2020

News Article


Two Recent Ninth Circuit Decisions Concerning the Fair Credit Reporting Act and Background Checks With Mostly Employer Favorable Outcomes!

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The Ninth Circuit ruled generally employer favorable in two recent decisions concerning background checks and disclosures. The highlights in these two cases were that the background check disclosure may contain explanatory language as long as it isn’t excessive and confusing; the disclosure can be presented at the same time as other materials, as long as the disclosure is on a separate form; the language in a separate authorization form has no impact on the disclosure form’s compliance with the Fair Credit Reporting Act (FCRA) standalone requirements; and the pre-adverse action letter does not have to require the opportunity for the applicant to discuss the report with the employer.

Suffolk County, NY Joins the Ban-The-Box Movement Restricting Use of Criminal History in Hiring Process!

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The law takes effect on August 25, 2020, and employers with more than 15 employees will have to comply. The law prohibits asking questions about an applicant’s criminal history until after an application has been submitted and an initial interview has been conducted, with some exceptions.

COVID-19 is Creating Background Screening Challenges. Social Media Screenings Added to Close Information Gaps!

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We found this Forbes article discussing the current challenges of obtaining candidate’s information due to court closures during the coronavirus pandemic. The article highlights the perils and potential risks associated with relaxing and changing policies around to navigate current circumstances, but those changes might possibly create discriminatory practices going forward. The article also discusses alternate screening methods some employers are adopting, such as social media screening, to close gaps where traditional screening results are not currently available.

Health Care Industry Requirements. OIG/GSA explained!

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The HHS Office of Inspector General (OIG) issued an Updated Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs on May 8, 2013. These guidelines recommend that health care providers screen their employees and contractors monthly to confirm that they are not on the OIG’s List of Excluded Individuals/Entities (EXCLUSION LIST).

In the past few years, we have seen an influx of complex regulations and increased litigation in the industry, making it even more difficult for companies to adhere to compliance best practices. Inadequate due diligence and negligent hiring practices in the healthcare sector harms not only an organization, but its patients, as well. More often than not, poor hiring decisions are a contributing factor in the rise of lawsuits, medical malpractice claims, and subsequent multimillion dollar settlements.

The big questions?

  • Is your business in the health care industry?
  • Do you participate in any Federal health care programs?
  • Do you receive any Federal funding?
  • Are you aware of the screening requirements?
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