by Ross I. Molho and Iman Elkram - Clingen Callow & McLean, LLC
The United States Supreme Court recently held there must be a “concrete” harm before one can sue under the Fair Credit Reporting Act FCRA. TransUnion LLC v. Ramirez. This is good news for employers because background checks are implicated by FCRA, and denials of employment as a result of background checks are also governed by FCRA.
by Garrick Chan, Rod Fliegel - JD Supra
Last month, the new chair of the EEOC, Charlotte A. Burrows, was the keynote speaker at a conference regarding new research on criminal recidivism.1 The EEOC has been mostly quiet on the topic of criminal background checks and Title VII since the U.S. Court of Appeals for the Fifth Circuit upheld an order enjoining the EEOC from enforcing its Enforcement Guidance against the State of Texas.2 Chair Burrows’ comments reveal the EEOC remains keenly interested in this subject. But this is just one of the reasons why employers, particularly those operating in multiple jurisdictions with a high concentration of entry-level jobs, must continue to be thoughtful about criminal record screening policies. The other reasons include the risk of disparate impact class actions by the plaintiff’s bar, regulatory actions by local fair employment agencies, and increased claims activity by individual plaintiffs, particularly in California and New York. And these concerns fall against the backdrop of widespread class actions under the federal Fair Credit Reporting Act (FCRA).3
Read more: https://www.jdsupra.com/legalnews/the-dust-hasn-t-settled-yet-employers-1246648/
by Casey Fabris - The Roanoke Times
As July 1 nears, employers in Virginia are evaluating what the commonwealth’s legalization of marijuana for recreational use means for the workplace.
Experts say the change in the law doesn’t require major adjustments from employers, but it might prompt some to change common policies and practices, such as drug testing.
by Kate Payne - Iowa Public Radio
The Iowa Supreme Court has upheld parts of a Waterloo “ban the box” ordinance preventing businesses from asking about prospective employees’ criminal histories on job applications. The court struck down other parts of the measure, which is meant to boost employment and reduce recidivism.
by Julie Riddle - The Alpena News
ALPENA — Private information will soon be a little less public thanks to a change to court rules that shields birth dates and other identifying information from public consumption — a change that could stand in the way of residents in search of a job or a home, critics say.
Read more: https://www.thealpenanews.com/news/local-news/2021/06/personal-info-to-be-kept-off-court-documents/
by Thomas F. Harrison - Courthouse News Service
BOSTON (CN) — A pair of Maine laws designed to help people repair their credit after experiencing problems that weren’t their fault left the First Circuit stumped at oral arguments Wednesday.
The question was whether federal law preempts such a move, but the judges seemed to think the federal statute was badly written and hopelessly unclear.
Read more: https://www.courthousenews.com/maine-credit-report-limits-baffle-1st-circuit/
by Michaelle Bond - The Philadelphia Inquirer
A New Jersey single father of two convicted of drug offenses has been sober for almost two years and has been out of prison for about three. The man, who is in his 30s, has a stable job working for a union and has enough money for a security deposit and to make rent payments.
“Yet he can’t find an apartment that’s willing to take him because of his felony conviction,” said Priscilla Carmona, a cofounder of the Jersey City-based organization SCORES Reentry, which provides services to formerly incarcerated people throughout New Jersey.
by Will Anderson - Dallas Business Journal
Of the many clashes at this year's Texas Legislature about state control versus local control, one has particular significance for businesses: who gets to set rules around hiring and employee benefits at private companies.
Senate Bill 14 would stop municipalities and counties from adopting rules around terms of employment "that exceed or conflict with federal or state law." Those terms include employment leave, hiring practices, employment benefits and scheduling practices. That would bar things such as mandatory paid sick leave in Austin, Dallas and San Antonio, and could impact other local ordinances that have been in effect for years.
Read more: https://www.bizjournals.com/dallas/news/2021/05/20/texas-local-control-hiring.html
by Elsa Andrianifahanana, David Birnbaum, Michael Gray, Brent Knight, Jonathan Linas, Elizabeth McRee, Jennifer Plagman, E. Michael Rossman, Efrat Schulman, Samantha Woo, Ann-Marie Woods - Jones Day - JD Supra
In Short
The Situation: Recent amendments to the Illinois Human Rights Act ("IHRA") restrict Illinois employers from relying upon conviction records to make adverse employment decisions unless they comply with new substantive and procedural safeguards.
The Result: Illinois employers cannot rely upon conviction records to make adverse employment decisions unless, after providing notice, an opportunity to respond, and considering any mitigating factors, the employer concludes there is a "substantial relationship" between the conviction and the job at issue and/or the individual's employment presents an "unreasonable risk" to property, safety, or individual welfare.
Read more: https://www.jdsupra.com/legalnews/illinois-restricts-employers-from-using-3163187/
by Courtney Vinopal - PBS News Hour
Michael has struggled with kidney disease since he was in his early 20s serving in the military. The high stress of the job ultimately put him in the hospital, and he was not able to return to the service due to his condition. The 37-year-old Virginia Beach resident, who requested his name be changed because of concerns about retaliation from future employers, said that a nurse mentioned during that hospital stay that marijuana could help alleviate many of his symptoms, like nausea and vomiting. But at the time, the substance was not legal in Virginia.
