For more than four decades, the FCRA has regulated CRAs that furnish consumer reports (i.e., background checks) to third parties such as employers. Over the years, several states have adopted so-called “miniâ€-FCRAs, including Arizona, California, Maine,…
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Update on Certainty in Enforcement Act of 2015; H.R.548 — 114th Congress (2015-2016)
All Bill Information (Except Text) Amends equal employment opportunity requirements under the Civil Rights Act of 1964 to deem an employer’s, labor organization’s, employment agency’s, or joint labor management committee’s consideration or use…
Final NIST Guidance Addresses Protection of Sensitive Data in Hands of Contractors
Final guidance (SP 800-171) from the National Institute of Standards and Technology on protecting sensitive federal information on nonfederal information systems “will prove important, perhaps profound, as the nation seeks to improve its cyber defenses,†said an…
New Background Check Policy Coming To University Of Illinois
A new University of Illinois policy requiring background checks for all new employees is expected to start Oct. 5. The school already requires background checks for employees with positions considered “security-sensitive,” and those who work with money,…
FTC’s New Consumer Data Security Guidance Offers Businesses Practical Tips
The Federal Trade Commission has issued new guidance on data security for companies that collect, store and use consumer information, gleaned from the more than 50 enforcement actions brought by the agency over the past decade. The guidance, “Start with…
Hold on a Minute
Although criminal histories can be among the most important for identifying potentially problematic employees, recent EEOC Guidelines elaborate on the use of criminal histories in hiring practices, and should not be ignored. These guidelines have made it incumbent…
Manager Narrowly Escapes Jail Time for Making a False Statement on an I-9 Form
Human resource and hiring managers are becoming painfully aware of the potential dangers lurking behind the Form I-9 and E-Verify process. For the most part, these tales of woe stem from procedural failures such as missing or incorrectly completed I-9s, which can lead…
I-9 and E-Verify Decisions Can Lead to Unfair Labor Practices
We’ve been seeing a new risk associated with I-9s, originating (ironically) from employers’ often-diligent attempts to prevent mistakes in the first place. This particular threat emerges from within – from the employer’s own workforce in the…
California Employer Agrees to Pay Largest Civil Penalty for Discrimination During the I-9 Process
The Department of Justice announced that Luis Esparza Services, Inc. (LES) had agreed to pay $320,000 to resolve allegations that the company engaged in a pattern or practice of discrimination during the I-9 process. In the case at hand, it appears that LES routinely…
Connecticut Drug Testing Statutes Do Not Apply To Hair Tests, Court Holds
Connecticut’s drug testing laws apply only to urinalysis drug tests and not to a drug test using hair specimens which led to an employee’s termination, a Connecticut trial court has held. Schofield v. Loureiro Engineering Associates, Inc., 2015 Conn….







