Although school districts in Indiana are in favor of legislation that would require running background checks for teachers, some are worried about how additional measures would be paid for. The USA Today Network revealed that the state-by-state patchwork of laws and…
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Pre-Employment Background Screening 101 – Mitigate Your Risk
Attorney Montserrat Miller’s article is a poignant reminder employers about practices they should implement to help mitigate risk in the hiring process. She wrote “a series of recent class action complaints against employers leads me to write about what employers can…
DOT to Add Synthetic Opioids to its Drug Testing Panel
In January, the U.S. Department of Transportation published a notice of proposed rulemaking in the Federal Register in which it proposes to amend its drug testing program regulation to add four synthetic opioids to its drug testing panel. It also will add…
Case Alleging That Hair Follicle Drug Testing Has Disparate Impact on African-Americans Allowed to Proceed
When the City of Boston conducted hair follicle drug testing on thousands of police officers, cadets and job applicants, the results demonstrated a 1 percent difference in negative results for Caucasian employees over African Americans. A group of African American…
Post Accident Positivity Climbs Among American Workers
In the latest release of the Quest Diagnostics Drug Testing Index, its senior director of science and technology noted that, over the past five years, there have been small increases in post-accident positivity rates in urine drug testing that have led to dramatic…
Medical Marijuana Comes to North Dakota: What North Dakota Employers Need to Know
North Dakota joined 28 states across the nation who have legalized some form of medical marijuana use when its Compassionate Care Act went into effect in December. The Act does not allow employees to possess marijuana in the workplace, nor does it include…
Another Reason to Tread Carefully When Using Criminal Background Checks in Hiring Decisions
Crothall Services Group, Wayne, Pa., admitted it had used criminal history background assessments in its hiring decisions. But, according to the U.S. Equal Opportunity Commission (EEOC), failing to keep adequate records on the impact those assessments had on…
Philadelphia to Prohibit Employer Questions About an Applicant’s Wage History
In an effort to advance wage equality, the Philadelphia Fair Practices Ordinance is being amended to make the city the first to ban employers from asking about the wage history of job applicants. The law also prohibits reliance on wage history in determining the wages…
The Department of Homeland Security Proposes New Rules Affecting Federal Government Contractors
The Federal Acquisition Regulation (FAR) council has issued a final rule that broadly requires specific privacy training and annual re-training for contractor or subcontractor personnel dealing with “personally identifiable information (PII). The provisions have no…
Ninth Circuit Confirms That Liability Waiver in FCRA Disclosure Triggers Liability
The Ninth Circuit has determined that a prospective employer violates the Fair Credit Reporting Act (FCRA) when it procures a job applicant’s consumer report after including a liability waiver in the same document as the statutorily mandated disclosure. In addition, a…