CONSUMER REPORTING AND EMPLOYER COMPLIANCE INFORMATION
New York City
Attention New York City employers: Effective January 1, 2023, local law will regulate the use of automated employment decision tools to identify and prohibit actions that discriminate against individuals in protected classes. What does this mean? Essentially, valuable online tools that are increasingly used during the employment process include algorithms and software geared toward finding top talent … but also has potential to impact scoring based on an individual’s gender, race, job title, etc. Generally speaking, New York City law will require that 1) IA tools are subject to a “bias audit” prior to using, and 2) employers will be required to meet certain notice requirements to candidates and employees.
Update: California DOB Redaction within Court Records
We want to inform you that on September 29, Governor Gavin Newsom chose to veto SB 1262. For employers and the background screening industry, this is very disappointing news as his signature would have meant that previously redacted court case information would be restored beginning January 2023.
PBSA and its allies—including A-Check Global—will continue to work closely together to determine options at this stage. Of course, we will continue to provide our valued clients with updates in the near future. And as always, we thank you for your business.
Let’s work together to minimize your risk from a bad hire! In recent news, an Iowa hospital has been cited by the state for hiring a nurse—without a comprehensive background screen—who was then fired for suspected opioid theft. State inspectors reviewed the hiring process used last fall to employ the nurse and found that the hospital had failed to conduct a complete background check on the individual, including criminal conviction and the state’s Sex Offender Registry. Remember, we’re here to help answer your background screening and compliance question. We’d love to hear from you.
Effective January 1, 2023, new legislation will require California companies with 15 or more employees to post salaries for job listings. It is reported that this new law will help reduce the wage gap and systemic inequities by requiring the disclosure of salary ranges for all job postings. This new law will impose penalties on employers failing to report pay scales to the state.
Document Review Flexibility
Due to the continued momentum of adopting hybrid workforces as well as evolving technology connecting organizations to their remote workers, the Department of Homeland Security (DHS) recently proposed a rule allowing more permanent, alternative procedures when reviewing Employment Eligibility Verification documents required by Form I-9. These revised procedures could be implemented as part of a short-term pilot program or further implemented upon determination that these procedures remain secure and effective as a measure in response to ongoing health and safety efforts regarding COVID. The DHS is accepting comments on this proposed rule before October 17, 2022.
When Presented with a Restricted Social Security Card
When it comes to Section 2 of Form I-9, a Restricted Social Security card is not an acceptable List C document. This quick video offers helpful guidance on what to do in this situation.
SUBSTANCE ABUSE TESTING
A recent Nevada Supreme Court ruling upheld a decision that state legislation protecting off-duty marijuana use did not include the phrase “under state law,” and therefore falls under the jurisdiction of federal law where use is still illegal. This ruling upheld the dismissal of a lawsuit by an employee who was terminated after testing positive for marijuana on a post-accident drug test. The employee’s claim that his use of marijuana outside of work hours was “lawful use” under state law was rejected, and the court explained that if the legislature intended to protect off-duty use of marijuana, it could have included the phrase “under state law” in the statute, which it doesn’t. Employers, please keep in mind that Nevada’s recreational marijuana law permits employers to adopt and enforce workplace policies prohibiting or restricting the use of marijuana.
California Assembly Bill (AB) 2188 (which will take effect on January 1, 2024) makes discrimination against off the job cannabis use unlawful, but does not preempt drug testing for preemployment. The bill makes it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment based upon: (1) a person’s use of cannabis off the job and away from the workplace, except for preemployment drug screenings, or (2) an employer-required drug screening test that has found the person to have non-psychoactive cannabis metabolites upon testing. Employers: please note that the bill does not permit an employee to possess, be impaired, or use cannabis on the job, nor does it affect the rights or obligations of an employer to maintain a drug- and alcohol-free workplace.
The New Jersey Cannabis Regulatory Commission has issued “workplace impairment” guidance for employers who conduct marijuana testing—providing best procedures to help support drug testing practices. the Commission details that employers are required to “establish evidence-based protocols for documenting observed behavior and physical signs of impairment to develop reasonable suspicion, and then to utilize a drug test to verify whether or not an individual has used an impairing substance in recent history.”
Please keep in mind that A-Check Global is always here to help as you determine the course of your own employment drug testing.
BAN THE BOX
Harris County, Texas
Harris County represents the sixth Texas city or county to adopt a Ban the Box hiring policy. This Harris County policy applies only to public employers, not private employers. Ban the Box legislation has continued to gain momentum throughout the country. In fact, 37 states and more than 150 cities/counties have enacted Ban the Box legislation to help ensure that employers first consider an applicant’s skills and qualifications before viewing criminal history. This provides greater assurance that there is no negative bias to an employment application due to criminal convictions.
Questions? We’re here to help!
Compliance Clips for October 2022
CONSUMER REPORTING AND EMPLOYER COMPLIANCE INFORMATION