AccuSource Blog

background-screening

New York City Alert: Legal Guidance Issued on NYC Fair Chance Act

If you are an employer who requests background screening reports on applicants and/or employees who live or work in New York City, including its five boroughs, this alert could impact you. We wrote in January 2021 that New York City updated its...

From Sea to Shining Sea: Virginia Passes Privacy Law

Both coasts of the United States now have jurisdictions with privacy laws. Virginia has joined California in protecting the privacy of its citizens by passing its own comprehensive privacy law. The Virginia Consumer Data Protection Act (“CDPA”) ...

E.E. Oh No: Possible Scrutiny of AI in Hiring by EEOC

On December 8, 2020, a group of United States senators drafted a letter to the outgoing chair of the Equal Employment Opportunity Commission (“EEOC”). The senators requested information about the EEOC’s authority on hiring technology,...

Ninth Circuit Issues Another Article III Standing Decision

At this point, those involved with background screening should have a standing date with the Ninth Circuit. Famous for its decisions regarding the federal Fair Credit Reporting Act (“FCRA”) and other areas of law impacting background screening,...

Where’s the Beef in Your Monitoring Solution? [Case Study]

As one of the more “tenured” people in the background screening industry, I along with a few dozen others will remember the 1984 Wendy’s commercial featuring an elderly Clara Peller asking that famous question, “Where’s the beef?

Hiring Post-COVID-19: How to Manage the Incoming Talent Pool

As the coronavirus wears on, and unemployment continues to spike to record levels, employers are beginning to face a new challenge: managing a massive talent pool. As of the first week of May, unemployment hit 14.7% with 35.6 million Americans...

Navigating Employment Background Screening in the Wake of COVID-19 Shutdowns and Restrictions

For many of us, March 13, 2020 will become one of those pivotal dates in history we will always remember. While most of us were aware of the COVID-19 (novel Coronavirus) outbreak in China and other parts of Southeast Asia and the fact cases were...

San Francisco Provides More Concise Fair Chance Ordinance Notice

Employers in the City or County of San Francisco are likely already familiar with the San Francisco Fair Chance Order (“FCO”), which took effect on October 1, 2018.

Federal Ban the Box Law Will Impact Federal Agencies and Contractors

As AccuSource has discussed in numerous blog posts and webinars, the number of jurisdictions with ban the box laws has been growing exponentially over the past few years. The federal government has joined the ranks of those jurisdictions that...

FMCSA Raises Random Drug Testing Rate For 2020

The Federal Motor Carrier Safety Administration (FMCSA) has implemented another change in addition to its new Clearinghouse that may impact your drug screening program.

Retailer Agrees to Consent Decree with EEOC for Alleged Background Screening Discrimination

Bright-line rules may seem convenient but beware if you use any type of bright-line rules in your criminal background screening programs. Dollar General learned this lesson after it faced a lawsuit from the Equal Employment Opportunity Commission...

New FMCSA Drug and Alcohol Clearinghouse Impacts Employers

The Secretary of Transportation, at the direction of Congress, has established the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse. The secure online database will be available starting January 6, 2020 and will keep real-time...

Circuit Court Hands Down Win for Court Researchers

Arkansas Court Clerk Ordered to Fulfill FOIA Request by NAPBS Member Courthouse Concepts

In a victory for court record researchers and consumer reporting agencies (CRAs), the Circuit Court of Pulaski County Arkansas, Second Division, granted...

District Courts: Independent Contractors Not Protected by the FCRA

Courts Hold Independent Contractors Are Not Employees under FCRA Extended Protections for Employees and Employment Applicants

Tumult in Texas: 5th Circuit Bans EEOC’s Use of Criminal Records

Employers who conduct criminal background checks are familiar with the Equal Employment Opportunity Commission (EEOC) and the factors it created seven years ago. In 2012, the EEOC implemented its “Enforcement Guidance on the Consideration of...

More Than Just a Number: A Primer on Employment Credit Reports

One of the less standard areas of employment background screening involves the use of credit reports. While most consumers are familiar with the use of credit reports in housing and the lending industries, credit reports can also be helpful in...

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