ENACTED LEGISLATION

FEDERAL: Section 5402 of the FAST Act directs issuance of guidelines for hair testing for drugs to be established

Summary: Section 5402 of the Fixing America’s Surface Transportation (FAST) Act directs the U.S. Department of Health and Human Services (DHHS) to issue scientific and technical guidelines for the use of hair testing for drugs for commercial motor vehicle drivers within one year of enactment of the Act.

Impact(s): Employers of commercial motor vehicle drivers

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CHATTANOOGA, TENNESSEE: Chattanooga "Bans the Box" on city employment applications

Summary: The city of Chattanooga will not ask questions regarding an applicant’s prior criminal convictions on any preliminary employment application documents.

Impact(s): Chattanooga city employers

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PORTLAND, OREGON: Portland enacts "Ban the Box" law

Summary: The city of Portland has enacted an ordinance to establish procedures for the use of criminal history information by employers within the city.

Impact(s): Portland employers

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PROPOSED LEGISLATION

U.S. SENATE: Judicial Redress Act introduced in the Senate

Summary: The Judicial Redress Act has been passed by the House of Representatives and introduced in the Senate. The bill authorizes the Department of Justice to designate countries and regional economic integration organizations whose citizens may bring civil actions against U.S. agencies that 1) intentionally or willfully violate disclosure conditions or 2) deny individual requests to access or amend personal data, where personal data has been transferred for law enforcement purposes.

Impact(s): International employers

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COURT OPINIONS

U.S. DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON: Court rules employee who used marijuana after hours pursuant to a valid prescription was lawfully fired for violating employer’s drug-free workplace policy

Summary: A Safeway employee who used marijuana after hours pursuant to a valid prescription to treat his disabilities was lawfully fired for violating the grocer’s drug-free workplace policy, a federal district court in Washington held, granting the employer’s motion for judgment on the pleadings. Under Washington law, employers have no duty to accommodate medical marijuana in drug-free workplaces. Accordingly, the employee failed to state a discrimination claim under Washington law.

Impact(s): Washington employers

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OTHER UPDATES

FAIR CREDIT REPORTING ACT: Class-action lawsuit filed against Freeman Webb for alleged FCRA violations

Summary: The plaintiff alleges that Freeman Webb violated the FCRA by failing to provide proper notices and disclosure to its job applicants and employees.

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

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FAIR CREDIT REPORTING ACT: Settlement reached in Equifax FCRA class action

Summary: Equifax agreed to remove all judgments entered into Virginia General District courts from the credit files of class members and all other individuals who were the subject of such judgments for a period of no less than five years and agreed to pay $3 million to create a settlement fund.

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

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