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Experts Predict More Mediation in the EEOC’s Future

3.28.17 - Experts Predict More Mediation in the EEOC

President Trump’s election in November of 2016 has caused many government agencies to wonder what the future holds. Will there be budget cuts, or budget increases? Hiring surges, or hiring freezes? Although there is quite a bit of uncertainty amongst these agencies, legal experts believe that one government agency, in particular, should expect major changes: the Equal Employment Opportunity commission (EEOC).

 

According to their website, “the EEOC is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.”

 

Since its establishment in 1965, the EEOC has performed these responsibilities successfully, with their efforts often leading to numerous lawsuits, judgments, and even the establishment of new laws aimed at protecting members of particular classes and groups.

 

Historically, these lawsuits, or the risk thereof, have posed significant challenges and changes for employers throughout the country due to the ease of initiating cases. However, with mediation on the horizon, this may change.

 

According to the EEOC, “Choosing mediation to resolve employment discrimination disputes promotes a better work environment, reduces costs and works for the employer and the employee.”

 

Essentially, this means a simple mediation can resolve a claim or issue, which will significantly decrease the number of investigations and litigations for employers. Additionally, an increase in mediation will give more power back to employers – enabling them to reach more mutually-beneficial conclusions with applicants/employees.

 

An official announcement/declaration of expected agency and policy changes under the Trump Administration has not yet been released by the EEOC, but employers interested in remaining informed, should visit the EEOC site regularly for updates.

 

For more information on EEOC compliance and/or how EEOC regulations impact employment screening, contact A-Check Global today via our contact page, or by calling 877-345-2021.

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Using Mobile Collection Services to Establish Drug Free Workplaces

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In recent years, workplace safety has played a more major role in employment and hiring practices than ever before. And for many employers, this evolution ties directly into the establishment of Drug Free Workplace and similar policies.

 

Additionally, with the passage of various drug-related laws in some states, and changes in societal expectations as they pertain to drugs in others, more and more employers are taking advantage of all that the world of drug screening has to offer.

 

In a recent post Benefits of Instant, Onsite Drug Screening, A-Check Global addressed the desire of many employers to transition to more convenient alternatives to standard drug screens given the increase in overall benefits. After all, standard drug screens typically require employers to designate specific dates/times for employees and/or applicants to test off-site; which, as a result, has the potential to impact turnaround time and work productivity.

 

Instant, onsite drug screening is a popular alternative for employers, but it is not necessarily a good fit (or a permitted solution) for all companies and organizations.

 

If instant drug screening is not for you or your company, then onsite mobile collection services may be the ticket, as mobile collection is ideal for those looking to avoid an extended absence from employees. A mobile collection service consists of a collection facility coming to the place of employment to conduct all necessary drug screens that follow all typical procedures practiced at licensed facilities.

 

This option is useful for large groups of employees or applicants who are undergoing either random program, periodic, or pre-employment drug screening. Additionally, having an onsite collection facility come to a place of employment allows the collection to be completed via industry best-practice procedures during all stages of the screening process, while also having access to professional laboratory analysis, anti-adulteration technology, and, when applicable, additional review from an MRO.

 

If you are interested in mobile collection services, or incorporating alternative drug screening methods into your current Drug Free Workplace policy, please contact A-Check Global through our contact page, or by phone at 877-345-2021.

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Benefits of Instant, Onsite Drug Screening

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For many employers, drug screening is a vital piece of the hiring process. However, given the complex nature of drug screening in some industries, and time constraints in others, standard drug screens are not always a one-size-fits-all solution to drug screening needs.

 

A standard drug screen typically requires both collection at a licensed facility and analysis at an approved laboratory location. In addition, positive results are also subject to additional review from a Medical Review Officer (MRO). All of these procedures can have a significant impact on budgeting and work productivity, and in an effort to mitigate some of these costs, many employers have opted to make the change from traditional drug screening to alternative onsite drug screening options.

 

Instant-cup testing and onsite mobile collection services are both available to employers who wish to avoid the cost and inconvenience of sending their employees offsite for drug screening. While both options reduce the impact on budgeting and productivity, they each have unique advantages on a workplace drug screening program.

 

By opting into instant drug screening, employers are able to avoid the heavy costs of both collection facilities and laboratory testing. Regular collections at a facility can take anywhere between one to three hours – possibly even longer depending on the travel time between the place of employment and the collection facility- leaving the employee away from his or her post for an extended period of time. Instant drug testing is an effective way to circumvent this productivity loss.

 

Instant testing drastically reduces turnaround time for drug screens – getting workers back to work much quicker than traditional drug screening procedures. Having onsite collection kits can be useful as a preliminary drug screen to avoid unnecessary expenditures for laboratory based testing. In the case of reasonable suspicion or random program testing, instant drug testing provides a safer testing environment that does not require the employee to travel under the influence or be provided with transportation arrangements.

 

These procedures can be worked into any employer’s Drug Free Workplace policy, as long as they comply with all appropriate federal, state, local, union, and industry-specific regulations.

 

For more information on the benefits of onsite drug screening, or to incorporate it into your company/organization’s policy, contact A-Check Global today via our contact page, or by calling 877-345-2021.

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Using Credit History in the Hiring Process

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(Disclaimer: The information contained herein is not legal advice, and should not be construed as such. You should discuss the use of consumer reports with your organization’s legal counsel to ensure regulatory compliance.)

 

Historically, United States employers have commonly utilized credit history as a measure of financial responsibility and overall trustworthiness for employment applicants. However, in recent years, numerous states and municipalities have enacted legislation restricting the use of credit history in the applicant screening process to a small number of exceptions; primarily to those applicants who will have fiduciary roles if hired.

 

When utilizing credit reports in the hiring process, there are two primary factors employers and hiring managers should take into consideration:

 

  1. The laws and regulations governing the use of credit reports for employment purposes.

a) Employers and hiring managers should familiarize themselves with state/municipal laws that may limit the use of credit history in employment decisions. Some of the states/metropolitan areas with laws enacted to further regulate the use of credit history in the hiring process include: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Nevada, Oregon, Vermont, Washington, Chicago, New York City and Philadelphia. The primary objective of most laws enacted by these states and jurisdictions is to restrict the use of credit reports to ensure they are only utilized when the position includes fiduciary responsibilities or positions with high compensation and/or financial decision making authority.

  1. The relevance of the report in the hiring process.

 

The Society for Human Resource Management (SHRM) encourages employers to consider the nature of the position prior to using credit history in the hiring screening process. SHRM notes the following:

 If the responsibilities of the job call for the employee to handle money, assets, clients’ personal information, or proprietary company data, the information provided in the credit report may be very useful … If the position doesn’t require the applicant to have access to financial or proprietary company data, a credit report may not be needed.

 

Ultimately, it is the responsibility of hiring managers to ensure they remain in compliance with both the FCRA and any other applicable state or local laws and regulations.

 

For more information on using credit history in employment screening ensuring your hiring process is legally compliant, please contact A-Check Global via our contact page or 877-345-2021 today.

The State of Maryland Demands Equal Pay for Equal Work

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Joining the list of states with changing/recently-changed pay equity laws is Maryland, with a law that reaches far beyond pay.

 

In 2016, Maryland amended its Equal Pay for Equal Work Act on the basis of sex and/or gender identity. The amendment covers employees working for the same employer, in the same county, who perform similar work.

 

The law, which covers more than pay disparities, also prohibits employers from “providing less favorable employment opportunities.” These less than favorable employment opportunities include assigning employees to less favorable career tracks, failing to provide information about promotions/advancements and limiting/depriving employees that would otherwise be available to the employee if not for their identification (sex or gender identity).

 

And continuing the trend of laws in other states Salary in the Hiring Process, the law also clearly outlines that employers are not allowed to prohibit employees from inquiring about, discussing or disclosing their personal wage information, or information surrounding the wages of others.

 

In the event that this law is violated, the Commissioner may try to resolve the issue informally with mediation, or request the Attorney General to take action on behalf of the candidate or employee. Employees may also take action against employers, but must file any and all actions within an amount of time designated by the State of Maryland Department of Labor, Licensing and Regulation (DLLR).

 

This law, which took effect October 1, 2016, requires several changes from employers.

 

Employers are solely responsible for ensuring they are in compliance with all federal, state and local laws such as those mentioned above. For more information on these laws, and the effect on your organization’s policies and practices, please consult your legal counsel. A-Check Global provides legal and legislative content for general information purposes only.

 

A-Check Global strives to provide resources regarding current and pending local, statewide and federal laws which may impact employment screening. For more information on how current or pending legislation may affect your employment screening programs, please contact A-Check Global through our contact page, or by phone at 877-345-2021.