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Saturday, September 21, 2019

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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.

The City of Columbia, SC Joins Ban-The-Box and Salary History Ban Movements!

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The City of Columbia joined in with multiple other cities, states and municipalities and will no longer ask about criminal history on their initial employment application and will refrain from asking about previous salaries. The City is encouraging its vendors to follow suit. Read more here.

Fifth Circuit decides EEOC’s Enforcement Guidance on Considering Criminal Records in Employment Decisions is Overreaching!

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The Fifth Circuit determined that the EEOC’s guidance on considering arrest and conviction records in employment decisions amounts to a substantive rule and the agency doesn’t have the authority to create such a rule. Furthermore, the Fifth Circuit cited that the EEOC ran afoul of the Administrative Procedure Act by failing to provide notice to the public or allowing an opportunity to comment.

Illinois Joins in on the Salary History Ban Movement!

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Illinois Public Act 101-0177 – was signed by the Governor J.B. Pritzker on July 31, 2019. This law takes effect 60 days from the date of signing and prohibits Illinois employers from asking candidates about their salary history during the hiring process. The law amends the Equal Pay Act of 2003, which specifically addressed pay discrimination on the basis of sex or race.  Read more here and here. This law is another example of the sweeping nationwide movement to ban-the-box and exclude candidate salary history disclosure during the hiring process.

The Pennsylvania Unified Judicial System’s FAQ’s - Answers Questions About the New Clean Slate Program, Expungements, and Limited Access

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The Supreme Court of Pennsylvania answers commonly asked questions on its FAQ page. The page addresses: Clean Slate program, a new automatic record shielding process that went into effect on June 28, 2019; Act 5 limited access; expungements; and pardons.

We think the page contains great information and are passing it along to our readers as part of our ongoing efforts to provide education and resources.

Texas Challenges the Equal Employment Opportunity Commission (EEOC) on Limiting the Use of Criminal History in Employment Decisions!

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The state of Texas feels the EEOC is overreaching with their guidelines that restrict the use of criminal history in hiring decisions. Texas feels so strongly about it, that they have sued the federal government. The case is currently on appeal at the Federal 5th Circuit Court of Appeal where oral arguments are being heard.

The Society for Human Resources Management (SHRM) recapped the case here. The article also included additional information, news, and resources on the topic.

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