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Montgomery County Maryland expanded the scope of the “Ban the Box” law enacted in 2014 with amendments passed late in 2020 entitled the Human Rights and Civil Liberties Fair Criminal Record Screening Standards. The Montgomery County legislation: Alters definitions regarding fair criminal record screening standards; Prohibits certain inquiries regarding criminal records; Prohibits consideration of certain arrests and…

North Carolina passed it’s Second Chance Act at the end of 2020 in an effort to prevent certain records of offenses to be developed during a background investigation for employment purposes. The law expands the list of individuals who will qualify for an expungement of certain criminal offenses. Described as a “clean slate” bill, the…

Hawaii first passed their “Ban the Box” legislation in 1998 to protect ex-offenders. As an example for employers to be on guard for revised versions, recent legislation redefined the “look back” period to reduce the potential employment discrimination against individuals with older cases and less severe offenses. The “legislature finds that the ten-year ‘look back’ period…

Special care must be taken if employment will be denied when a candidate states that they do not have a record and one is developed. The problem is that the vast majority of the records we find are minor and do not rise to the level of the “criminal record”. Shoplifting of low value items,…

TABB INC. encourages initiatives that support individuals returning to the workforce. Numerous studies have shown that “Ban the Box” and Second Chance initiatives accomplish the goal of increasing the hiring of individuals who have committed past offenses, reduces recidivism and provides the opportunity for individuals to return as productive members of society. Criminal record research…

Thirty-seven states and more than 150 counties and cities across the country have implementing Ban the Box legislation to reduce employment barriers for ex-offenders and have them judged on their knowledge, skills, and abilities. The Ban is intended to reduce barriers for ex-offenders, however in most cases the box really isn’t banned. It is moved…

The legalization of marijuana use is growing rapidly on the state and even local level but where does that leave an employer in a jurisdiction where it is. How will an employer evaluate a past conviction for possession for something that is now legal? What is your drug screening policy if a positive hit is…

The accuracy of criminal records developed by a background investigation company and used by employers for hiring decisions will be a source of litigation alleging violations of the Fair Credit Reporting Act (FCRA) that regulates background screening. Under FCRA Section 607(b), vendors must “follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report…

Recent enforcement by the EEOC that resulted in litigation against employers who paid male workers higher wages than female employees working in the same or similar position highlights the need for employers to be aware of salary in the hiring process. Employers are banned from asking questions during the recruiting process relating to salary history…

Are you in a rush to hire? The latest employment trends brought on by COVID in the economy could result in critical mistakes for employers. The need to fill positions can result in a change in HR policy that bypass the background investigation or makes it a secondary consideration. Employees are often given a start…

The rate of urine drug testing positivity in the U.S. workforce climbed 4.5 percent in 2019 to a 16 year high (no pun intended) according to an analysis by Quest Diagnostics. Marijuana positivity in the U.S. workforce increased nearly 11 percent from 2018 to 2019 and 29 percent since 2015 and a whopping 28% percent higher than…

The California Assembly introduced a bill that would prohibit employers from taking an adverse action due a positive hit for cannabis during a pre-employment or employment related drug screen. Employers who fail to abide by this legislation would face stiff civil action. It is expected that the bill will pass both houses and will be signed…

Do you want your criminal record research to be conducted by an AI web scraping bot or by the State Police the jurisdictions where your candidate lived? Not all criminal record searches conducted by vendors are equal. Too many vendors conduct what is euphemistically called a National Criminal Database search which is neither national nor…

Pre-employment criminal record research is not conducted to find a shoplifting charge, the most frequent record that is developed, that occurred 20 years ago or other minor offenses. All in the Human Resources field are aware that practices must be in place to offer second chance opportunities for individuals who have made a mistake. The…

The recent case of a nurse’s aide, Reta Mays, who received seven life in prison sentences in a situation eerily similar to that of Charles Cullen, a nurse that murdered an unknown number of people in hospitals across two states. At least seven vulnerable veterans were murdered by Mays at a Veterans Administration hospital. This…

When was the last time you audited your hiring processes? COVID has disrupted Human Resources processes and there has been little time available to professionals to perform their standard duties without finding additional responsibilities. If it has been some time, try to find an hour or two to conduct a quick review of your background…

FOX 13 in Salt Lake City reports that the candidate that was recently hired as the Managing Director of the Pioneer Theatre Company at the University of Utah, deceived recruiters with “outlandish” claims to obtain the position. The candidate portrayed “himself as “the Mastermind,” a major figure in the film, television, advertising, video game, music,…

When was the last time you reviewed your drug testing policy?  Workplace drug testing is even more complicated now due to the expansion of legalized marijuana and its effect on employment screening leading to potential lawsuits. There is a solution to this quagmire.  CurrentCompliance.org offers webinars, monthly legislative updates and most importantly, a nationwide on-line…

Background vendors are promoting what they call continuous background checks. But, what exactly is this service? It isn’t what the name implies. The only true criminal record search is conducted through a primary source, either through a state agency such as the state police on a statewide basis or directly through an individual criminal court.…

Connecticut is the latest state to take action in an attempt to curb age discrimination. Legislation similar to Ban the Box which prohibits employers from inquiring about criminal record histories in the earliest stages, employers with three or more employees are prohibited inquiring into the data of birth or age of a candidate in job…