Compliance Clip August 2019

Keeping a close eye on the compliance of your background screening program is the first step in helping minimize your risk from legal action:

For example, on July 11, the House Committee on Financial Services on July 11 passed legislation that would prohibit employers from using credit reports for employment decisions, except when required by law or for a national security clearance: READ MORE

Additionally, Macy’s hit with a class action lawsuit over criminal history checks. The complaint alleges violations of civil rights laws barring disparate impact discrimination in addition to violations of the federal Fair Credit Reporting Act:  READ MORE

The federal Drug Enforcement Agency (DEA) recently announced that drugs that include CBD (cannabidiol) with less than 0.1% of THC (tetrahydrocannabinols) are now considered Schedule V drugs provided they are approved by the federal Food and Drug Administration (FDA).

The move marked the first time the DEA removed any form of cannabis from Schedule I and was due to the FDA’s approval of Epidiolex, a non-synthetic cannabis-derived medicine used to treat severe epilepsy. Yet, setting aside this very limited exception, marijuana and CBD remain illegal under federal law: READ MORE

On July 2, 2019, New Jersey Governor Phil Murphy signed a much-anticipated bill into effect that expands and revises the state’s existing medical cannabis program, the Compassionate Use of Medical Marijuana Act (CUMMA). For employers faced with employees and job applicants who use cannabis, the bill provides certain job protections for medical cannabis users: READ MORE

AS A REMINDER: At A-Check, we’re happy to help implement a drug screening program that meets your evolving needs—or make adjustments to the program you’re already running with us. Just give us a call at 877-345-2021 and ask to speak with someone on your Client Relations team.

The Ban the Box trend continues, with yet more jurisdictions exploring (or passing) legislation limiting the use of criminal record history during the employment process. Here are the latest:

Pennsylvania courts began automatically sealing eligible criminal and summary records under Clean Slate on June 28. Eligible offenses that will be shielded from public view include non-convictions, second and third degree misdemeanor convictions, summary convictions, and other non-violent misdemeanor convictions: READ MORE               

Laws aimed at ending the cycle of pay discrimination are also gaining momentum. State and local governments are enacting legislation to prohibit employers from asking applicants salary information:

Alabama: Effective August 1, 2019, employers are prohibited from refusing to interview, hire, promote, employ or retaliate against any job applicant because the applicant does not provide wage history information: READ MORE

Maine: Effective September 17, 2019, employers are prohibited from using or inquiring about the compensation history provided by a prospective employee or the prospective employee’s current or former employer until a job offer is made that includes all terms of compensation negotiated with the prospective employee. READ MORE

Missouri: Effective October 31, 2019, Kansas City employers with six or more employees are prohibited from inquiring about an applicant’s salary history: READ MORE

New Jersey: New Jersey has a bill pending in the legislature that would ban salary history inquiries. New Jersey’s bill would amend the Law Against Discrimination, N.J.S.A. 10:5-1, et seq., and prohibit any employer from screening a job applicant based on the applicant’s wage or salary history: READ MORE

New York: New York’s legislature recently passed a bill, which would bar New York employers from seeking wage or salary history information from an applicant, employee, or applicant’s former employer. Governor Andrew Cuomo is expected to sign the bill, and it will take effect 180 days thereafter: READ MORE

Questions? We’re here to help!

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