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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.

Nevada Becomes the First State to Ban Employers from Refusing to Hire Applicants Who Fail Drug Tests for Presence of Marijuana and Recent Cannabis Related Laws in New Jersey and Illinois

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Nevada - The Governor of Nevada signed AB132, a law prohibiting Nevada employers from refusing to hire job applicants who test positive for marijuana. The law takes effect January 1, 2020. There are a few specific position exceptions outlined, such as firefighters, emergency medical technicians, employees who must operate motor vehicles as part of their duties, any position which federal or state law require screening tests, and positions which employers deem the safety of others could be affected.

Other Cannabis Related News -

New Jersey - New Jersey extends workplace protections for medical cannabis patients and providers. We are starting to see more and more news concerning the legalization of medical and recreational marijuana nationwide. Employers are having difficulty trying to appropriately respond to the laws in their policies and in the workplace. Adding to the difficulty is that cannabis use, regardless or medical or recreational, is still illegal under federal law.

Illinois - Illinois is the most recent state to legalize recreational marijuana, with the passage of the Illinois Cannabis Regulation and Tax Act (Cannabis Act).

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.

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