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Friday, August 07, 2020

News Article


Ninth Circuit Decisions Outline Why Stand-Alone Disclosures Are So Important to Avoid Liability!

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The National Law Review published this article outlining Ninth Circuit decisions and requirements for Article III standing. The decisions also clarify when extraneous information on background screening disclosures can put employers at risk. Background screening disclosures and authorizations continue to be an area of litigation and it is important to get it right if you want to avoid lawsuits.

Virginia Bans-The-Box for Simple Possession of Marijuana!

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Governor Ralph Northam signed HB872 on May 21, 2020, which takes effect on July 1, 2020.  The law decriminalizes simple marijuana possession and provides a civil penalty of $25.00. As part of the bill, employers are prohibited from requiring job applicants to disclose information regarding an arrest, criminal charge or conviction related to possession of marijuana. For more detail on the law, go here.

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.

Maryland Joins the Ban-The-Box Movement! General Assembly Overrides Governor Veto!

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The Maryland General Assembly passed Senate Bill 839/House Bill 994, The Criminal Record Screening Practices Act, in March of 2019. In May 2019, the Governor vetoed the Bill. And on January 30, 2020, the General Assembly voted to override the Governor’s veto. So, Maryland joins multiple other states, cities, and municipalities which ban-the box on employment applications.

Society for Human Resource Management (SHRM) Advises of Three Screening Trends for 2020!

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SHRM recently posted about three pre-employment screening trends they anticipate this year. Compliance will be the main focus of all three categories and will be critically important to get right. According the SHRM, FCRA claims will continue. Laws focusing on ban-the-box, salary history bans, and marijuana in the workplace will continue to pass. And technology advancements and review will be a focus in 2020. You can read the full article and gather more information here.

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