The New York City Council has voted to override a veto by New York City Mayor Michael Bloomberg to enact legislation – Intro 814-A – that prohibits employers from refusing to consider or hire qualified job applicants who are unemployed. The law prevents employers from using employment status in a hiring decision and from posting …Continue reading "New York City Passes Law Prohibiting Hiring Discrimination against Unemployed Job Applicants"
A New York law signed by Governor Andrew Cuomo in August 2012 that amended the state’s 2008 Social Security Number Protection Law has caused some concern for New York employers conducting background checks. However, a review of the law demonstrates that when it comes to background checks conducted under the federal Fair Credit Reporting Act (FCRA) …Continue reading "New York Social Security Number Protection Law Amendment Allows Employers to Request SSN for Background Checks"
At least 28 states have legislation that has been introduced or is pending in 2013 to prevent employers from requesting usernames and passwords to various social media and personal Internet accounts of employees and job applicants to get or keep a job, according the National Conference of State Legislatures (NCSL). A list of legislation regarding …Continue reading "Legislation to Prevent Employers from Requesting Social Media Passwords Introduced or Pending in 28 States"
On February 7, 2013, the California Supreme Court issued a unanimous decision in a case – Harris v. City of Santa Monica – that involved the “mixed motive” theory where the employer has both legitimate and discriminatory reasons for job actions such as termination and discipline. The Court ruled an employer can defeat an employee’s …Continue reading "California Supreme Court Ruling on Discrimination Case Involving Mixed Motive May Impact Fair Employment and Housing Claims"
A Federal Trade Commission (FTC) study of accuracy in the U.S. credit reporting industry has found that one in five consumers – an estimated 40 million Americans, according to a ‘60 Minutes’ report on the FTC study – had an error on at least one of their three major credit reports while five percent had …Continue reading "FTC Study on Credit Report Accuracy Finds One in Five Consumers has Error on Their Credit Reports"
Rhode Island Representative Peter G. Palumbo (D-Dist. 16, Cranston) has introduced legislation – (2013-H5236) – that would establish an E-Verify Compliance chapter in state law requiring all employers in the state to participate in the federal program, according to a press release from Representative Palumbo. The legislation would require employers with 200 or more employees …Continue reading "Legislation Introduced in Rhode Island Would Establish E-Verify Compliance Chapter in State Law"
The state of Oregon has specified in the Oregon Administrative Rules (OAR) that all background screening firms must be accredited by the National Association of Professional Background Screeners (NAPBS) or pass certain other requirements in order to conduct a criminal background check for certain health workers. The Oregon Administrative Rules are available at http://arcweb.sos.state.or.us/pages/rules/oars_300/oar_333/333_536.html.Continue reading "State of Oregon Regulations on Background Checks Demonstrate Increasing Recognition of NAPBS Accreditation for Employment Screening Firms"
An audit has revealed that the Georgia Department of Agriculture failed to register to use the federal E-Verify electronic employment eligibility verification system until April of 2012 to check if newly hired employees were eligible to work in the United States when use of the database was required by state law of public employers since …Continue reading "Georgia Department of Agriculture Failed To Use E-Verify for Employment Eligibility Verification"
To avoid a false sense of security about job applicants during employment screening, Ohio Attorney General Mike DeWine plans to warn employers in the state that criminal background checks processed by his office under a new law will only include information about convictions and guilty pleas and will not include arrests and charges that did not …Continue reading "Ohio Attorney General to Warn Employers about Criminal Background Check Law"
Massachusetts Governor Deval Patrick has signed a bill – H4307, “An Act Relative to Background Checks” – that closes an existing criminal history background checks loophole by authorizing the Department of Early Education and Care (EEC) and school districts to conduct national fingerprint-based criminal history background checks on all teachers, school employees, and early education …Continue reading "Massachusetts Authorizes National Fingerprint Based Criminal Background Checks on All Teachers and School Employees"