Background checks in the workplace are no longer exclusive to potential new hires. According to Bloomberg, the screening industry has seen recent explosive growth in background checks for existing workers. In light of the ongoing #MeToo movement which spread virally last year demonstrating the widespread prevalence of sexual assault and harassment, especially in the workplace…
After being approved by the European Commission on April 14, 2016, the General Data Protection Regulation (GDPR) takes effect May 25, 2018, providing EU individuals more control over their personal data, and making organizations take the protection of that personal data seriously. Replacing the Data Protection Directive of 1995 95/46/EC, the GDPR is aimed at protecting…
On March 27, 2017 the California Office of Administrative Law (OAL) approved new regulations relating to the use of criminal background information in employment decisions. These new regulations will go into effect on July 1st of this year. In addition to restating the existing bans on the use of criminal history in California (like using…
Have you ever had a background check conducted for an employee and then wondered if you can use the information provided for another purpose? The Federal Trade Commission recently posted an article to its blog explaining how, in accordance with the FCRA, an employer or other user of a consumer report cannot “double dip†the…
On November 14, 2016 the United States Citizenship and Immigration Services (USCIS) released a new version of the Form I-9, Employment Eligibility Verification. Implemented in 1986 by the Immigration Reform and Control Act, employers use Form I-9 to verify a person’s identity and eligibility to work in the U.S. Employers are required to keep an…
“Businesses that ask a job applicant about his or her criminal history during the hiring process could be fined and forced to pay the applicant up to $500 under a new law being considered by city leaders. A Los Angeles City Council committee backed a plan Tuesday to penalize businesses that weed out applicants based…
“The U.S. Equal Employment Opportunity Commission (EEOC) today issued two documents addressing workplace rights for individuals with HIV infection under the Americans with Disabilities Act of 1990 (ADA), including the right to be free from employment discrimination and harassment, and the right to reasonable accommodations in the workplace. The White House has issued a (Archived) National…
“President Obama said Monday he was directing federal agencies to “ban the box” in their hiring decisions, prohibiting them from asking prospective government employees about their criminal histories on job applications. Speaking at Rutgers University in Newark, N.J., where he highlighted programs meant to ease the reentry of former inmates into society, Obama said the federal government “should not use criminal…
“In late August, the California Senate and Assembly passed AB 465, which, if signed by Governor Jerry Brown, will make pre-employment mandatory agreements to arbitrate Labor Code violations against California public policy starting January 1, 2016. AB 465 would create a new statute that prohibits employers from requiring a candidate to “waive any legal right, penalty,…
I. Procedural Background and Party Positions “After investigating a gender discrimination claim against Mach Mining, the EEOC determined that reasonable cause existed to believe that the company had engaged in unlawful hiring practices. The EEOC sent a letter inviting Mach Mining and the claimant to participate in informal conciliation proceedings. About a year later, the…
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