Legislative Alert

PROPOSED LEGISLATION

CALIFORNIA: Proposed legislation seeks to protect medical marijuana users from employment discrimination

Summary: Introduced by Assemblymen Robe Bonta and Bill Quirk, proposed Assembly Bill 2069 seeks to prohibit an employer from discriminating against employees who test positive for cannabis or have an identification card to use cannabis for medicinal purposes. It would add these employees to the list of protected classes under California's Fair Employment and Housing ACT (FEHA). However, employers would be permitted to proceed with corrective action against an employee who is found to be impaired on the employer's property due to the use of cannabis. Employers would also be permitted to refuse to hire an individual or to discharge a medicinal marijuana user if not doing so would adversely affect the ability of a company to contract with the federal government (since under federal law, medicinal marijuana remains illegal).

Impact(s): California employers

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NEW JERSEY: New Jersey unanimously passes a bill to keep child predators out of state schools

Summary: SB 414 was unanimously passed by both the House and Senate and would require potential employees and/or contracted service providers to provide the school with information as to current employment, as well as former school employment within the last 20 years in which the applicant was employed in a position that involved direct contact with children. This bill would allow schools to request information from former employers such as whether the applicant was the subject of any child abuse or sexual misconduct investigation while employed by former employer, was disciplined, discharged, or asked to resign from employment, or resigned from or separated from any employment while allegations of child abuse or sexual misconduct were under investigation.

It would also allow for information to be disclosed as to whether applicant has ever had a license, professional license or certificate suspended or revoked while allegations of child abuse or sexual misconduct were pending. The bill would prohibit schools from entering into termination agreements that preclude the schools from discussing or reporting information related to suspected child abuse or sexual misconduct.

Impact(s): New Jersey state schools

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WASHINGTON: "Ban The Box" policy proposed for state colleges

Summary: S.B. 6582 is being considered by a House panel to "Ban the Box" on public college and university student applications. This bill would allow a prospective student to apply without fear of being denied solely on past criminal convictions. Under this bill, schools would be able to obtain information about an applicant's criminal conviction(s) for the purpose of accepting or denying an applicant or restricting access to certain facilities, and offering supportive counseling for rehabilitation and education, but cannot automatically or unreasonably deny admission or restrict access based on the applicant's criminal history.

Impact(s): Washington state colleges

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COURT OPINIONS

U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK: Federal court holds no aiding-and-abetting claim can be made for unlawful termination when an employee is found to have been terminated lawfully

Summary: A New York federal court held that two convicted sex offenders' were collaterally estopped from advancing their New York State Human Rights Law (NYSHRL) aiding-and-abetting claims seeking to hold a national moving company liable for the background screening requirements it imposes on its contractors. A jury had previously rejected the two convicted sex offenders' claims that their employer, a contractor for the national moving company, violated the NYSHRL when it fired them from their jobs based on the results of a criminal background check that the moving company had required them to undergo as a condition of its services contract with the employer. On remand, following the employees' original appeal to the Second Circuit, a federal court denied the plaintiffs' renewed motion for summary judgment and granted the moving company's cross-motion, finding that a party cannot be said to have aided, abetted, coerced or compelled another to unlawfully terminate an employee when the termination is lawful.

Impact(s): Background screening compliance – for general legal review

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U.S. DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA: Court grants motion for class certification in background check suit against medical supplier

Summary: A Florida federal court granted class certification in a suit alleging that a medical equipment supplier violated the FCRA's stand-alone disclosure requirement. The plaintiff alleges that the background check disclosure he received was combined with other disclosures and additional language not allowed under the FCRA. The certified class includes any individuals who received a disclosure form similar in form to the one received by the lead plaintiff within five years of the filing of lawsuit. The parties are working on a proposed settlement based upon a class of approximately 541 members to be paid from a settlement fund of $172,500.

Impact(s): FCRA compliance – for general legal review

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