At a glance: hiring employees in France

by Charles Dauthier, Sabine Smith-Vidal - Lexology

An extract from Lexology Getting the Deal Through

Background information on applicants

Background checks

Are there any restrictions or prohibitions against background checks on applicants? Does it make a difference if an employer conducts its own checks or hires a third party?

The employer may ask an applicant to provide information directly or through a third party to the extent that such information is necessary to assess the applicant’s professional capacities that have a direct link with the position and the applicant’s skills (article L1221-6 of the Labour Code). Except where the information is relevant in the specific context of the position, the employer may not collect private background information (eg, whether the applicant has a criminal or credit record, or a driver’s licence).

Read more: https://www.lexology.com/library/detail.aspx?g=b4897ce2-0e48-4b14-91cd-e44397c28b14&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2023-05-17&utm_term=

Hearing draws support for rent stabilization and ‘ban the box’ for housing

by Evan Popp - Beacon

In response to the state’s dire affordable housing crisis, advocates urged lawmakers Monday to pass a bill to stabilize rent prices and reform tenant termination laws along with a measure to prevent landlords from using a criminal record to deny housing to someone at the beginning of an application process. 

The measures — part of a litany of housing-related bills being pushed this session to better protect tenants, address chronic homelessness and spur the development of affordable housing — come as the crisis in Maine threatens to spiral out of control. Rental prices are skyrocketing and evictions are spiking. Furthermore, there are around 15,000 people on waitlists for housing vouchers in the state, 40% of Maine renters are considered cost-burdened, homelessness is on the rise and there is a shortage of about 20,000 affordable housing units. 

Read more: https://mainebeacon.com/hearing-draws-support-for-rent-stabilization-and-ban-the-box-for-housing/

New Chamber report shows how substance use disorder contributes to workforce challenges

by Sawyer Coffey - The Bottom Line News

Kentucky continues to struggle with a major substance use disorder crisis, with devastating effects not only on public health and families but also on Kentucky’s economy and workforce. In fact, substance use disorder, or SUD, is a key reason why Kentucky has one of the lowest workforce participation rates in the nation, according to a new report by the Kentucky Chamber Center for Policy and Research titled Working Towards Recovery.

Read more: https://kychamberbottomline.com/2023/05/08/new-chamber-report-shows-how-substance-use-disorder-contributes-to-workforce-challenges/

Utah leaders gather to discuss the value of second chance employment

Press Release from Utah Business

Salt Lake City—In honor of Second Chance Month, local leaders and second chance employers will join Rasa Legal and Clean Slate Utah for a panel discussion of the value of hiring and supporting people with criminal records. The discussion will take place on Thursday, April 27, from 6-7 p.m. MDT at The Other Side Academy. 

Read more: https://www.utahbusiness.com/leaders-discuss-second-chance-employment/

Wow!: How US 'fair chance' laws help ex-convicts find homes

by Carey L Biron - Sight Magazine

By the time Lee "Taqwaa" Bonner got out of prison in California, he had spent 30 years behind bars and was unsure where to go.

He stayed at a halfway house for three months, but then had to find a home. Everywhere he went, doors were slammed in his face.

"I tried to move in with my younger sister, until [an official] informed me that I was putting her housing in jeopardy," Bonner, 56, told Context.

Read more: https://www.sightmagazine.com.au/columns/wow/29728-wow-how-us-fair-chance-laws-help-ex-convicts-find-homes

No FCRA Violations Found Where Defendants Promptly Corrected Inaccurate Data and Updated Plaintiffs’ Consumer Report

by Rachel Ommerman, Virginia Bell Flynn, David N. Anthony - Consumer Financial Services Law Monitor

In a recent decision, the U.S. District Court for the Eastern District of Pennsylvania granted summary judgment in a Fair Credit Reporting Act (FCRA) case where a bank promptly corrected inaccurate mortgage payment information furnished to three national consumer reporting agencies (CRAs).

Read more: https://www.consumerfinancialserviceslawmonitor.com/2023/04/no-fcra-violations-found-where-defendants-promptly-corrected-inaccurate-data-and-updated-plaintiffs-consumer-report/#page=1

UPDATE FOR EMPLOYERS REGARDING CHANGES TO BACKGROUND CHECK SUMMARY OF RIGHTS FORM COMING SOON

by Marjorie C. Soto Garcia, Cristell Fortune - MWE

The Consumer Financial Protection Bureau (CFPB) recently released an updated version of the “A Summary of Your Rights Under the Fair Credit Reporting Act” notice to job applicants and employees required in connection with conducting employment background checks (also known as the Summary of Consumer Rights). Starting on March 20, 2024, employers and consumer reporting agencies (third-party background check vendors) will need to provide the newly revised Summary of Consumer Rights to applicants and employees in connection with background checks to comply with the federal Fair Credit Reporting Act. This article analyzes the updates to the Summary of Consumer Rights and provides recommended next steps employers and consumer reporting agencies should take to be in compliance with the law.

Read more: https://www.mwe.com/insights/update-for-employers-regarding-changes-to-background-check-summary-of-rights-form-coming-soon/

Double Reporting Leads to Denial of Summary Judgment in Illinois FCRA Case

by Joshua Howell, Meagan Mihalko, Stefanie Jackman, David N. Anthony - Consumer Financial Services Law Monitor

An Illinois federal district court recently denied a creditor-defendant’s motion for summary judgment in a Fair Credit Reporting Act (FCRA) case brought by a consumer who questioned why his debt was being reported twice — as both a tradeline with the original creditor and as a tradeline with a third-party collection agency. The court’s opinion in Kyle Fickel vs. Clearwater Credit Union et al. is a warning about the credit reporting issues that can arise when lenders refer or assign debts to collections.

Read more: https://www.consumerfinancialserviceslawmonitor.com/2023/03/double-reporting-leads-to-denial-of-summary-judgment-in-illinois-fcra-case/

Philadelphia’s Fair Chance Hiring Initiative hopes to lower recidivism, provide employment for previously incarcerated

by Henry Savage - Inquirer

Hiring people who have been impacted by the justice system, whether from being incarcerated or put on parole or probation, can change a person’s life, but also reduce the chances of them returning to prison again.

However, “returning citizens” can find it difficult to get a job after being released. To combat recidivism, the Department of Commerce created the Fair Chance Hiring Initiative in 2017, a program that financially incentivizes employers to hire returning citizens and keep them employed for the long term.

Read more: https://www.inquirer.com/business/philadelphia-fair-chance-hiring-initiative-formerly-incarcerated-parole-probation.html

Fair Hiring in Banking Act Amends Section 19 of the Federal Deposit Insurance Act

Financial Institution Letter - FDIC

Summary:

On December 23, 2022, the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (NDAA), which contained the Fair Hiring in Banking Act (Act), was signed into law and became immediately effective. The Act provides significant amendments to Section 19 of the Federal Deposit Insurance Act (12 U.S.C. § 1829) (Section 19).

Section 19 prohibits a person from participating in the affairs of an FDIC-insured institution if he or she has been convicted of an offense involving dishonesty, breach of trust, or money laundering, or has entered into a pretrial diversion or similar program in connection with a prosecution for such an offense, without the prior written consent of the FDIC.

Read more: https://www.fdic.gov/news/financial-institution-letters/2023/fil23009.html