Here are five considerations to keep on your radar screen when it comes to recent developments in compliance laws and other factors impacting pre-employment background checks:
Recent Developments in Federal Laws
There are two notable updates to federal laws regarding background checks – one related to screening and the other a reminder about a new Form I-9.
- The Fair Chance to Compete for Jobs Act applies to federal agencies and contractors and prohibits inquiry into criminal history until a conditional job offer has been made.
- The S. Citizen & Immigration Services (USCIS) agency released a new Form I-9, which has been mandatory since May 1, 2020.
New State and Municipal Laws
Several recent state and city laws pertain to marijuana screening, fair hiring, and salary history. They include:
- New York City’s new drug screening law bans employers from screening for marijuana u
- Unless a position is specifically excluded. In Nevada, employers cannot take adverse action against job candidates solely for testing positive for marijuana.
- There are now more than 180 fair hiring laws in place across the country. In Maryland, companies with 15 or more employees are prevented from asking about a candidate’s criminal history before the first interview. And the city of Waterloo, Iowa‘s ban-the-box law prohibits such inquiries prior to a conditional job offer.
- New Jersey’s Salary History Ban Law prohibits private employers from asking about a candidate’s salary history, benefits, or other compensation during the hiring process.
Keep FCRA Top of Mind
Even as laws change, keep the requirements of the U.S. Fair Credit Reporting Act (FCRA) in mind. For instance, you must:
- Obtain written permission to conduct a background check and inform candidates in writing that you may use this information when making your employment decision.
- Inform candidates of their right to a description of any investigative reports conducted.
The Seven-Year Lookback Rule
Although it falls under FCRA, the Seven-Year Lookback Rule is worth noting on its own. It states that specific criminal data may not be included in background checks if it applies to occurrences that took place more than seven years prior.
Staying current with laws and regulations around background checks is a job in itself. That’s why you can benefit from working with a team of specialists who can help you navigate through them and stay fully compliant. You’ll find those experts – in all aspects of pre-employment screening and drug testing – at Chane Solutions. Contact us today to learn more.