Compliance Clip July 2019

Pre-employment drug testing continues to evolve as legislation addresses increasing legalization of Marijuana for medicinal and recreational use:

Nevada becomes the first state to restrict employer use of pre-employment cannabis tests. Effective January 1, 2020, it will be unlawful for Nevada employers to reject an applicant who tests positive for marijuana on a pre-employment drug test: 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:

The New Hampshire House recently passed Senate Bill 100, and—if it becomes law—would restrict employment applications from asking about criminal history, but it would allow employers to ask criminal history questions at an interview and conduct background checks subsequently: READ MORE

New Mexico Senate Bill 96—a new law now in effect as of June 14, 2019—amends the state’s “Criminal Offender Employment Act” and prohibits private employers with four or more employees from inquiring about an applicant’s criminal history on a written or electronic application: READ MORE

Colorado Governor signed the “Colorado Chance to Compete Act,” which will prohibit employers from asking about criminal history on an initial written or electronic application. Colorado employers will need to assess job applications, interview guidelines, and policies and procedures for criminal background checks by as early as September 1, 2019: 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:

The Washington State Governor signed the “Washington Equal Pay and Opportunities Act,” banning employers from asking about salary history, and goes into effect in July 2019. It will also require employers to provide pay scale information upon request of an applicant: READ MORE

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

More evidence that “clear and conspicuous” disclosure about your background checks is critical for all employers. Consider the case centered on consumer report disclosures and a class of as many as five million members who applied for a job at Walmart in the last five years:  READ MORE

Working closely with a background screening company committed to compliance—like A-Check Global—can help you keep abreast of these evolving laws.

Questions? We’re here to help!

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