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Wednesday, September 18, 2019

News


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 National Association of Professional Background Screeners (NAPBS) is now Professional Background Screening Association (PBSA)!

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Exciting news cited from a recent press release, the National Association of Professional Background Screeners (NAPBS) announced the association’s rebrand to the Professional Background Screening Association (PBSA). Members of the association overwhelmingly voted to approve the new name and bylaws at the 2019 Annual Conference in San Antonio. The change in the organization’s structure and the new name marks the culmination of the association’s transition into a truly global organization, a vision that initiated 12 years ago with the addition of an international committee which led to three international chapters in the years that have followed.

Society for Human Resource Management (SHRM) Opposes Restricting Credit Checks for Employment Decisions Act!

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SHRM submitted a letter to the leaders of the House Financial Services Committee expressing their opposition to H.R. 3614, the Restricting Credit Checks for Employment Decisions Act. In the letter, SHRM cited data that supports checking credit for certain positions, such as financial, security, and fiduciary roles as a means to mitigate losses, risks, and liability, as well as create better, more secure workplaces. SHRM also stated their belief that employers need to have the ability to put into place policies and procedures that fulfill the needs of their companies. Read the full letter here.

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.

New Jersey Salary History Ban and The Society of Human Resource Management’s (SHRM) Ban-The-Box Laws by State and Municipality Resource Page!

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New Jersey Assembly Bill 1094 – was signed by the New Jersey Lieutenant Governor on July 25, 2019. This law has complex compliance details and can come with civil penalties up to $10,000.00 per violation. The law takes effect January 1, 2020. Littler published a detailed summary of the law here.

SHRM has published a chart of State and Municipality Ban-The-Box laws. It is a great resource for determining if your operations are subject to any of these laws.

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