Employment-Screening Options During the COVID-19 Pandemic

by Roy Maurer - SHRM

The coronavirus crisis has upended normal HR workflows—and pre-employment screening is no exception.

"COVID-19 has caused courts and other public-records repositories and drug-testing laboratories to either close or be difficult to access," said Pamela Devata, an employment attorney and partner in the Chicago office of Seyfarth Shaw. "Criminal and civil records reviews and previous employment and education verifications are not as readily available due to closures and remote working. Some applicants may also be reluctant to visit drug-testing labs, and labs may have suspended in-person services."

Read more: https://www.shrm.org/ResourcesAndTools/hr-topics/talent-acquisition/Pages/Employment-Screening-Drug-Testing-Options-COVID19-Pandemic.aspx

Coronavirus: Amid bleak employment picture, Oakland woman got a job but can’t start due to courthouse closures

by Leonardo Castaneda - Bay Area News Group

Whitney Merchant had been looking for a new job since she left AC Transit late last year. Despite the bleak economic conditions caused by COVID-19, she finally landed a position with a major health care company on their coronavirus communications team.

But Merchant hasn’t been able to start work because her new employer can’t complete a standard background check in two Bay Area counties where courthouses have shut down.

Read more: https://www.mercurynews.com/2020/04/08/coronavirus-amid-bleak-employment-picture-oakland-woman-got-a-job-but-cant-start-due-to-courthouse-closures/

Ninth Circuit Reinforces Prohibition Against “Extraneous” Information In Background Check Disclosures

by Rod M. Fliegel - Littler

On March 20, 2020, the Ninth Circuit issued its third opinion on the question of when an employer’s background check disclosure satisfies the so-called “standalone” disclosure requirement in the Fair Credit Reporting Act (FCRA).1 The new opinion, like the two prior ones (Syed and Gilberg), reads the text of the FCRA literally, but also provides some practical guidance for drafting such disclosures.  Addressing a separate obligation that employers have to provide “pre-adverse” action notice when relying on background reports, the Ninth Circuit rejected the plaintiff’s argument that the FCRA affords a right to discuss the report directly with the employer.

Read more: https://www.littler.com/publication-press/publication/ninth-circuit-reinforces-prohibition-against-extraneous-information

Indiana bill would expand background checks for day care employees

by Sierra Hignite - WISHTV.com

INDIANAPOLIS (WISH) — An Indiana lawmaker wants to close a loophole involving background checks at Indiana day care facilities for children.

News 8 talked to parents who say they were shocked to hear that the proposal was not already a requirement.

There are a lot of day care facilities that require criminal background checks for all of their employees, but the state law only requires that some people get those criminal background checks.

Read more: https://www.wishtv.com/news/indiana-news/indiana-bill-would-expand-background-checks-for-day-care-employees/

What the Fair Chance Act Means for Government Contractors

by Peter Suciu - ClearanceJobs

The “Fair Chance Act” was signed into law as 2019 came to a close, just one part of the National Defense Authorization Act. It prohibits federal contractors that have openings for positions within the scope of federal contracts, as well as all federal agencies, from inquiring about or otherwise seeking criminal history information from an applicant until after a conditional job offer has been extended.

Read more: https://news.clearancejobs.com/2020/01/14/what-the-fair-chance-act-means-for-government-contractors/

Missteps with background check forms can be costly

By: Brian D. Carlson - The Idaho Business Review

A recent decision by a federal appellate court underscores the importance of ensuring that forms used in connection with employer background checks comply with the strict requirements of the federal Fair Credit Reporting Act.

Read More: https://idahobusinessreview.com/2019/11/28/missteps-with-background-check-forms-can-be-costly/