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Thursday, March 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.

Ban-The-Box Laws May Be Expanding into Higher Education Applications

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Ban-the-box may not stop at employment applications if a proposed piece of Colorado legislation passes.

The belief is that people with a criminal history often halt the college education application process when they are asked whether they have a criminal history – thinking they will automatically be barred from acceptance. The Colorado bill seeks to remove that barrier, so that individuals with a criminal history will follow through with their application, and hopefully be admitted.

Background Check Disclosures Still Being Litigated. So Far - This is a Very Hot Employer Topic of 2019!

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OPENonline has posted multiple times about the current litigation frenzy surrounding employer background screening disclosures. But the language included in disclosures is already shaping up to be one of the hottest employer litigation topic of 2019.

Case in point is the recent Ninth Circuit ruling in Gilberg v. California Check Cashing Stores, LLC, No. 17-16263, 2019 WL 347027 (9th Cir. 2019). Since the decision on January 29, 2019, we haven’t been able to count the slurry of articles, emails, and posts covering the ruling.

Background Screening Disclosure Forms Remain Under Fire!

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This week two lawsuits, involving the language used on a background screening disclosure, were in the news.

One of the recent lawsuits was filed in the Northern District of California where the plaintiff asserted that her prospective employer, Alameda Health, used a disclosure form that contained too much and not enough information.

The other suit in the news this week involved a decision by the Ninth Circuit of Appeals regarding Gloria Mitchell v. Winco Foods, LLC, No. 17-35998, (9th Cir. 2018).  The plaintiff in this case alleged that the forms were not FCRA-compliant.

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