Legislative Alert

ENACTED LEGISLATION

PENNSYLVANIA: Pennsylvania amends background checks law with respect to school employees and applicants

Summary: Pennsylvania amended the Public School Code of 1949, further providing for criminal history of employees and prospective employees and conviction of certain offenses.

Impact(s): Pennsylvania schools

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SOUTH DAKOTA: South Dakota amends background check law to allow child advocacy centers and tribal agencies to check central registry for abuse and neglect

Summary: South Dakota has amended its background check law to allow child advocacy centers and tribal agencies that provide child placement services to obtain results from a check of the central registry for abuse and neglect.

Impact(s): South Dakota child advocacy centers and tribal agencies

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SOUTH DAKOTA: South Dakota amends background check law for prospective employees of postsecondary technical institutes

Summary: South Dakota has amended certain provisions regarding background investigations for prospective employees of postsecondary technical institutes.

Impact(s): South Dakota postsecondary technical institutes

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WISCONSIN: Wisconsin enacts “Ban the Box” for civil service employment applications

Summary: Section 31 of Act 150 amends the civil service law to enact a “Ban the Box” provision for civil service employment applications.

Impact(s): Wisconsin civil service employers

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AUSTIN, TEXAS: Austin City Council passes “Ban the Box” ordinance

Summary: The Austin City Council approved a Fair Chance Hiring Standards ordinance which would prohibit companies in the city from inquiring about a job applicant’s criminal history until the employer has first made a conditional employment offer to the individual.

Impact(s): Austin, TX employers

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COURT OPINIONS

U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS: Job applicant rejected for hiding criminal background failed to show he was damaged by any erroneous reporting that might have violated the FCRA

Summary: A job applicant who never disclosed his criminal background to an employer at any point in the application, interview or training process had his offer of employment rescinded. The court held that the employer was free to consider the plaintiff’s guilty pleas in making a hiring decision and found that the plaintiff had failed to show how he was damaged by the consumer reporting agency’s alleged erroneous reporting because the employment decision was based on the applicant’s failure to disclose his criminal history.

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

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OTHER UPDATES

FAIR CREDIT REPORTING ACT: Dave & Buster’s background check suit dismissed

Summary: A proposed class-action suit against Dave & Buster’s involving alleged FCRA violations was dismissed after the parties submitted an agreement to dismiss the suit with prejudice.

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

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