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…
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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…
Ten Million More Americans Smoke Marijuana Now than 12 Years Ago
While at least five states are preparing to vote on the legalization of marijuana for recreational purposes, British medical journal Lancet Psychiatry recently released findings that about 10 million more Americans smoke marijuana than 12 years ago. Surveying adults…
Marijuana Not Conducive to Workplace Safety, DATIA Says
The USDEA recently confirmed that the impairment caused by marijuana use has been evaluated as unsafe in the workplace. In addition, those who use marijuana have 75% more absenteeism, 55% more industrial accidents and 85% more workplace injuries than other employees,…
Eight States Will Vote on New Marijuana Laws on Election Day 2016
With a focus on the implications for employers, eight states will consider adopting medical and recreation marijuana use, joining 25 states and the District of Columbia. Arkansas, Florida and North Dakota will make decisions that would allow medical use, while…






