Gov. Nathan Deal signed SB 367, legislation that provides for comprehensive reform for offenders entering, proceeding through and leaving the criminal justice system, into law. This legislation, which is based on recommendations from the Georgia Council on Criminal…
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‘Ban the Box’ Adopted for City Hiring; Criminal History Considered at end of Process
The City of Sarasota no longer will inquire about criminal history during its initial application process. The box on the employment application where applicants were asked about criminal convictions has been voluntarily removed. This action makes the City of Sarasota…
Prevent Computer Fraud – 1 Tip
In TripleTree, LLC v. Walcker, the employer sued its former employee under the federal Computer Fraud and Abuse Act (CFAA) based on the employee’s accessing certain confidential and proprietary information on the company’s database. TripleTree’s claim failed because…
Modified “Ban the Box” Bill Approved in Connecticut
An amendment to the original bill essentially wiped the prior version clean. Thus, whatever you think you knew about the measure you can put that aside. What recently passed (House Bill 5237) was a very watered-down version of the measure. It moves on to the…
Vermont Governor Signs Ban the Box Legislation; Connecticut Governor Expected to Sign Such law
Vermont Governor Peter Shumlin has made the Green Mountain State the most recent state in the nation to implement statewide “ban the box” legislation. Connecticut may soon follow, once Governor Dannel Malloy signs legislation passed by the state legislature on May 4,…
Ex-Cons May Outperform You in the Workplace
For millions of U.S. job applicants with a criminal record, just making it past the screening stage of the hiring process is a challenge. New research shows that could be the employer’s loss. Using the U.S. military — the nation’s largest employer — as a…
Schools — not Just States — to Finally get Access to Teacher Misconduct Data After National Investigation
School districts will soon be able to check job candidates’ names in a database of teacher misconduct. USA Today published a jaw-dropping investigation, which showed that educators who have been disciplined for troubling behavior have routinely been able to find new…
FTC Releases Updated FCRA Guidance on Background Checks
The FTC released a new publication related to background checks and the FCRA titled What Employment Background Screening Companies Need to Know About the Fair Credit Reporting Act. As the name suggests, the publication surveys the obligations that consumer reporting…
Big Data, Background Checks, and Discrimination
The White House released a report to herald its focus on discrimination in “big data” assisted personnel screening algorithms. The report explained that screening algorithms may use factors that are correlated with protected categories to automate a discriminatory…
Minnesota Drug Testing Law Applies Where Minnesota Resident Was Hired To Work In Another State
A federal appeals court has held that the Minnesota drug testing statute applies to an applicant tested in Minnesota, even though the applicant was being hired for a job in another state. Push, Inc., a Wisconsin corporation, hired Olson, a Minnesota resident, for a…