Background screening company LexisNexis recently was required to pay $375,000 in damages when a client was bought out by another company who used its services to screen current employees to determine hiring eligibility. LexisNexis failed to use the middle name of an…
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Connecticut Becomes the Third Jurisdiction in 2016 to “Ban the Box”
Connecticut has joined Austin, Texas; Portland, Oregon; and New York City in prohibiting the request of criminal history information on an initial employment application. It is recommended that employers conduct a broader assessment of their pre-employment screening…
CA Amends Labor Code to Prohibit Employers from Using Juvenile Records in Employment Decision
Effective Jan. 1, 2017, the governor of California signed a bill in September that amends the state’s Labor Code to prohibit employers from considering some juvenile records for employment purposes, including arrests that did not result in conviction, a referral…
Bank of America Dodges Suit Over Disclosing Background Checks
A California judge recently dismissed a putative class action filed against Bank of America Inc. and others after J. Robert Berrellez alleged violations of the Fair Credit Reporting Act, Investigative Consumer Reporting Agencies and the Consumer Credit Reporting…
Use of Big Data Has Implications for Equal Employment Opportunity
The use of Big Data to make hiring and other employment decisions will continue to grow in its use and scope. At a recent meeting, however, Commissioner Victoria A. Lipnic stressed the importance of how laws may affect the technology-driven workplace. A professor at…
Pennsylvania Mistakenly Omits Past Incidents in 28 Background Checks
The Department of Human Services in Pennsylvania blames its IT system for failing to include incidents of abuse or neglect in the background checks of 28 people applying to work with children. Despite the fact the 28 would have still been permitted to work with…
New Proposed Rule Reflects Increase In I-9 Anti-Discrimination Enforcement
On August 15, 2016, the Department of Justice published a proposed rule which promises to make several important changes to the agency’s investigation and prosecution of I-9 related discriminatory activities. As many HR managers are now acutely aware, the Department…
The Expired Form I-9: What Employers Need to Know about the Proposed Smarter Form
The new “Smart” Form version of the Form I-9, which must be completed by all new hires within their first three days of work, has been updated to eliminate costly fines for errors submitted on the form. Key highlights include an evaluation of the number of…
Ignoring Changes to the New ‘Smart’ Form I-9 Will Be Costly
A revised Form I-9, recently approved by the Office of Management and Budget after a significant increase in fines for errors, must be in use by all employers no later than January 22, 2017. The more user-friendly form, available on the USCIS website, includes…
Unlawful Use of Requirements Relating to Immigration Status in Recruitment May Lead to Discrimination Claims
U.S. employers that are not authorized by law, regulation or government contract to limit job opportunities to U.S. citizens should carefully review their recruitment practices and advertisement templates to ensure that the above prohibited language or limitations are…