Compliance Clips for March 2022

GENERAL CONSUMER INFORMATION

California Redaction of Court Record Information
A-Check Global continues to follow and participate in efforts related to a California ruling to remove date of birth from public records, and we wanted to take just a moment to keep you updated on recent progress surrounding this issue. The Professional Background Screening Association (PBSA)—an important, non-profit organization established to represent Consumer Reporting Agencies offering employment background screening services—continues to vigorously advocate to retain the DOB within California County court records as a critical identifier in accurate, comprehensive background screening. Here’s a quick look at recent developments.
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Class Action Litigation
Class action suits over alleged, unlawful use of consumer reports are ongoing. Let’s work together to focus on your employment program compliance. In this example, a recently proposed class action claims a nationwide home improvement retailer unlawfully used job applicants’ consumer reports to make adverse employment decisions without first providing them with a copy of the report—a violation of the Fair Credit Reporting Act (FCRA). As we all know, the FCRA was designed to provide all consumers a chance to dispute or explain inaccurate or derogatory information reported within a background screen before employment decisions are made. We’re here to help, and welcome questions you have about the compliance of your employment program.
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Illinois Class Action Litigation
In recent privacy news from Illinois: A class action lawsuit alleges a hiring platform using AI to assess candidates during video interviews, illegally collected facial data for analysis, violating the Biometric Information Privacy Act. The complaint claims the company illegally facial data for analysis without receiving written permission by applicants during the job interview process. Further, the complaint claims no publically available guidelines for biometric data destruction exist. As HR professionals and companies align their employment program with evolving technology, it’s important to be vigilant in ensuring compliance.
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2022 Increase in Lawsuit Filings
Unfortunately, FDCPA, FCRA, and TCPA lawsuit filings are higher in January 2022. A sign of things to come, and certainly a reminder to see that your employment recruiting program is compliant. Out of approximately 1,053 lawsuits litigants have filed this year under the aforementioned statutes, 524 seek relief under the FCRA—representing a nearly 14% increase over this time period in 2021. Got questions about the compliance of your background screening program? #askacheck
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I-9 AND E-VERIFY

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

New York and New York City
New York City and State have recently passed employee privacy laws. One addressing use of automated decision tools in job interviews, and one addressing electronic monitoring of employee communication.

Automated decision tools: Beginning January 2, 2023, a new law will require employers or employment agencies in New York City to complete a bias audit before using an automated employment decision tool to screen job candidates and existing employees. This is a growing trend, and similar legislation has been passed in Illinois and Maryland to help prevent bias when relying on AI tools.

Employee electronic monitoring: Beginning May 7, 2022, a new law will require employers with a place of business in New York state to notify employees of electronic monitoring when in place. The law covers the monitoring of employee phone communication, email, or internet access. Employers must provide prior written notice of such monitoring upon hiring of an employee.
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