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Tuesday, July 16, 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 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.

This Week’s Ban-The-Box and Salary History Ban Recap!

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We’ve recapped the ban-the-box and Salary History Ban activity from this week for you below.

BAN-THE-BOX RECAP

EMPLOYMENT:

Washington, D.C. - The District of Columbia has taken action against employers since the passage of the Fair Criminal Record Screening Act in 2014. The administrative charges have resulted in more than $500,000 in fines for failing to ban-the-box on applications. Read more here and here.

Connecticut House Bill 6921 - which prohibits discrimination based on a person’s criminal history. The bill has passed the House and the Senate as of June 5, 2019.
 

HIGHER EDUCATION:

We’ve alerted you before about similar ban-the-box actions taken in higher education institutions. We have another one to bring to your attention today.

On June 5, 2019, The DePaul University’s Faculty Council, in Chicago, Illinois, approved a motion to ban-the-box on their college application.

SALARY HISTORY BAN RECAP

Illinois House Bill 834 – prohibits employers from considering salary history in the hiring process. Passed in the House and the Senate as of May 29, 2019 and was sent to the Governor on June 6, 2019.

Ban-The-Box Activity This Week!

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It’s been about a month since we’ve updated you on activity involving ban-the-box laws, so we found two events occurring this week to bring to your attention.

DENVER, CO

The Governor of Colorado signed the statewide ban-the-box legislation into law this week. The legislation affects public and private sector employers. You can find more information about the new law here.

MASSACHUSETTS

The Attorney General is actively enforcing the State’s Ban-the-box law. Recently 19 businesses were cited for violating the law. And in 2018, 21 citations were issued, some of those citations resulted in fines. Read more here.

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The varying city, county and state laws are overwhelming, and it is difficult to stay abreast of the changes. Which is why we would like to remind you of the National Employment Law Project’s (NELP) April 2019 publication, the most comprehensive and up-to-date summary of these laws we have seen.

We found this resource so helpful, that we have added a link to our resource page here.

Ban-The-Box Guide. A Comprehensive Summary of Laws Across the United States

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We have been regularly alerting you on our blog about updates and changes regarding ban-the-box laws, and new laws seem to crop up all the time. In fact, ban-the-box updates have overwhelmingly been the subject of our blog posts over the last several months.

The varying laws are staggering, and it is difficult to stay abreast of the changes. Which is why we are very happy to call your attention the National Employment Law Project’s (NELP) April 2019 publication, the most comprehensive and up-to-date summary of ban-the-box laws in cities, counties, and states across the U.S. that we have seen.

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