GENERAL COMPLIANCE INFORMATION

Highlights in Background Screening Legislation
Let’s all work together to help minimize the risk of non-compliance within your employment background screening program. Time to review your screening practices for 2022, as last year, many states enacted ban-the-box and other laws impacting background screening. Here are the highlights:

Illinois amended the Illinois Human Rights Act, making it more difficult to reject applicants or terminate employees based on conviction history. Adverse employment action, based on criminal conviction history, may only take place if it directly relates to a job or presents unreasonable risk to workplace safety.

Louisiana passed a “Fair Chance” law prohibiting employers with 20+ employees within the state from considering an arrest or charge not resulting in a conviction if the record was presented during an employment background check.

New York City amended its Fair Chance Act. Guidance within this new legislation states that employers may not consider charges without convictions, must follow a specific process when considering a pending record, and may only reject an applicant if the applicant intentionally failed to disclose or misrepresented criminal history.

Philadelphia expanded its Ban the Box legislation to now cover criminal history inquiries for independent contractors, gig workers, and current employees.
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Salary Transparency Law for Applicants and Employees
On December 15, 2021, the New York City Council passed legislation—as part of a growing, multi-state/city effort to overcome pay disparity—amending the NYC Human Rights Law to now require that employers disclose salary ranges in job postings. This law, in effect beginning May 14, 2022, will cover all NYC employers with four or more employees, and is just the latest in a quickly growing legislation movement to promote pay transparency across job openings, position transfers, and promotion opportunities.

For your reference—although it’s a snapshot of legislation as it exists today—here’s a quick look at states and cities that currently require employers to disclose salary ranges to applicants and employees.
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Anti-Discrimination Legislation
This review of new anti-discrimination laws enacted in 2021 and yet to enact in 2022 illustrate that lawmakers continue to expand on employee protection legislation. Many new laws focus on natural hair and race-based hairstyle discrimination. Be sure you’re familiar with laws impacting your organization.
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BAN THE BOX

Nationwide Federal Contractors
Under the Fair Chance Act, federal contractors—in certain cases—are now prohibited from inquiring about a job applicant’s criminal history during the initial employment application process. In general, the FCA covers both civilian agency and defense contractors, and prohibits criminal history inquiries until after the contractor has extended a conditional employment offer.
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I-9 AND E-VERIFY

Ongoing Extension: Form I-9 Requirements in response to COVID-19
Because of ongoing COVID-19 precautions, remote I-9 document review has been extended; the expiration date for these accommodations is now April 30, 2022.

UPDATE: The DHS is currently exploring the possibility of making the remote document verification option for Form I-9 permanent. This is welcome news as many trend toward permanent hybrid work solutions, and is encouraging that the government is closely following workplace trends and is willing to take a look at updating the Form I-9 process. We will keep a close eye on this and let you know as more becomes available.
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SUBSTANCE ABUSE TESTING

Nationwide Legislation
With increasing public and legislative support for marijuana acceptance, 2022 could easily be another busy year for legalization. Every year, it’s important for employers to review drug testing policies to take new laws into consideration. Please know that A-Check Global is always here to help as you determine the course of your own employment drug testing, but in the meantime, here’s a quick look back at marijuana law activity—state by state—throughout 2021.
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DATA PRIVACY

Florida
Senate Bill 1864, released in advance of the 2022 Florida legislative session, may become Florida’s first comprehensive privacy bill. Here’s a great link that illustrates the scope and definitions of the Florida Privacy Protection Act (FPPA). The FPPA is likely the first of at several upcoming data privacy bills introduced in the Florida legislature during the 2022 session, and if passed, would create a dedicated Consumer Data Privacy Unit in the Florida Attorney General’s Office.
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