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Sunday, May 31, 2020

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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.

Dollar General and Equal Employment Opportunity Commission (EEOC) File Motion to Settle Suit, Originally Filed in 2013, Involving Background Check Process!

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Law 360 reports that Dollar General and the EEOC filed a motion to settle a suit that was originally filed more than 6 years ago. In the suit the EEOC claims Dollar General’s applicant screening process creates disparate impact on black applicants. The Law 360 post states that Dollar General defends their process and denies any discrimination against African-Americans. The article goes on to say that Dollar General’s belief is that the EEOC claims are unfounded, but they are happy to have a resolution, and will continue to employ steps to ensure the safety of property, customers and employees. Law 360 also reports that the motion filed includes a $6 million settlement payment by Dollar General. The case is Equal Employment Opportunity Commission v. DolGenCorp LLC (1:13-cv-04307), District Court, N.D. Illinois, and more information can be found here.

Is Social Media Screening by Employers Considered Stalking??

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We’ve delved into this topic several times in recent months, discussing the possible perils and benefits of social media screening of candidates. The National Law Review posted an informative article this week titled “To Stalk or Not to Stalk….That Is the Question – Using Social Media for Applicant Review.” The focus of the article is social media screening, and they included some great best practice tips when using social media to screen applicants.

Reminder to Employers – Avoiding Accidental FCRA Liability When Screening Prospective Employees

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JD Supra posted this article discussing accidental FCRA liability when conducting background checks. It’s a straightforward explanation and a guide to employers who screen prospective employees.

This article, posted by JD Supra and Perkins Coie back in April 2019, is a good complement to their latest article noted above. The post does a great job of outlining FCRA requirements, steps employers should take when screening new hires, highlights of two Ninth Circuit decisions, perils of violating the FCRA, and takeaways for employers!

Your Employees Are Smoking Pot! Now What?

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This Forbes article does a great job of tackling the issue of legalized marijuana and how it affects the workplace, including trying to comply with often conflicting federal, state and local laws. More states are adopting laws to legalize medical marijuana use, and several states have legalized recreational marijuana. It is confusing to say the least! And very difficult to create policies and procedures that comply with the varying laws while still protecting the workplace.

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.

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