Helpful Compliance Guidance for End Users of Consumer Reports
You may already know that the federal Fair Credit Reporting Act (FCRA) is the primary legislation regulating the procurement and use of a consumer report (a background screening report from A-Check Global, for example). Adding even more complexity to compliance focus—regulatory compliance for domestic consumer reporting also includes state and jurisdiction consumer reporting laws with additional procedures and disclosures. This topic can become very confusing, very quickly. Please know we’re always here to help. A-Check developed a handy checklist to help you gauge your organization’s current level of regulatory compliance for the end use of consumer reports in the hiring process.
I-9 AND E-VERIFY
Extension: Form I-9 and Requirements in response to COVID-19
An additional update is available in light of ongoing COVID-19 efforts. The in-person requirement for the Form I-9 is temporarily suspended if your company is closed or taking other precautions due to COVID-19. The general rule is that an employer must undertake a physical inspection of the document(s) presented by the employee for section 2 purposes.
UPDATE: Because of ongoing COVID-19 precautions, it has been announced that remote I-9 document review has been extended for another 60 days; the expiration date for these accommodations is now November 19, 2020.
The government has suspended the in-person and physical inspection of the document(s) presented by the employee when completing the Form I-9. During this time, an employer can view the document(s) presented by the employee via Zoom or Skype, for example.
The Florida Governor signed a new E-Verify law. Beginning January 1, 2021, Florida public employers, private contractors, and subcontractors, must register with and use E-Verify to confirm work eligibility of new hires.
SUBSTANCE ABUSE TESTING
A measure to legalize marijuana in Arizona officially qualified for the November General Election ballot as Prop. 207. Under the measure, adults could possess up to an ounce of marijuana at a time and cultivate up to six plants for personal use. The initiative also contains several restorative justice provisions such as allowing individuals with prior marijuana convictions to petition the courts for expungement. We’ll keep an eye on this one and report back to you after the elections.
Substance Abuse Trends Reported by Quest Diagnostics
U.S. General Workforce drug positivity hits 16-Year High in 2019. Quest Diagnostics—a trusted A-Check drug screening partner and leading provider of diagnostic services—recently released their Drug Testing Index™ analysis of more than nine million workplace drug test results. As Quest Diagnostics reports, even prior to COVID-19, workplace drug positivity rates were trending in the wrong direction. Now, with many Americans under higher stress levels as they continue to juggle remote work schedules, childcare and homeschool responsibilities, and even frustration from ongoing social isolation, it stands to reason that there may have been negative impact on general health and well-being during these recent months.
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.
BAN THE BOX AND CRIMINAL HISTORY DISCLOSURE
Effective September 15, 2020, Hawaii amends its Ban the Box law to fortify protections for individuals with old and/or relatively minor conviction records. The law prevents most private sector employers from considering felony convictions older than seven years, and misdemeanor convictions older than five years. However, an employer making employment decisions may inquire about and consider an individual’s criminal conviction record, provided the conviction in question has a logical relationship to the position’s duties.
State jobs will be more open to people with criminal records, due to a new executive order signed by Democratic Gov. Roy Cooper. Starting in November, 2020, the state will no longer ask prospective job applicants to check a box saying whether they have a criminal record. This law will apply only to state government jobs, not private companies or local governments. The elimination of that question on job applications has been a longtime goal of Ban the Box supporters in North Carolina.
Maryland prohibits employers from relying on job applicants’ prior pay. The new salary history ban and wage range notice requirement takes effect October 1, 2020. This new law will 1) prohibit employers from requesting or relying on job applicants’ prior pay history to make decisions about employment or initial pay in most circumstances; and 2) require an employer to provide an applicant, upon request, with the wage range for the job applied for. The new law amends Maryland’s existing Equal Pay for Equal Work (EWEW) law, and will apply to all private, state, and local government employers in Maryland.
A Look at Salary History Bans Already in Place
State and local governments are increasingly adopting legislation to prohibit employers from requesting salary history from job applicants. For your reference, here’s a great running list of states and localities that have legislation in place.
Updated COVID-19 Guidance from the EEOC
The EEOC recently updated guidance on the Americans with Disabilities Act (ADA) and the Coronavirus pandemic. This new information expands their prior guidance on how the ADA applies to the current pandemic. In a question and answer form, this guidance covers a number of important issues surrounding COVID-19 and the workplace, including: the right for an employer to ask employees entering the office if they have COVID-19 symptoms, the right for an employer to report employees with COVID-19 or associated symptoms to appropriate personnel, the right for an employer to require a temperature check, and much more.
Questions? We’re here to help!