ENACTED LEGISLATION

DELAWARE: Delaware amends background check law with respect to child-serving entities

Summary: Under the new law—the Joseph R. "Beau" Biden III Child Protection Act—private school, youth camp and other child-serving program employees, volunteers or contractors would be required to undergo a state-mandated fingerprint-based national criminal background check. Previously, this practice was not required for private entities, only for public school and year-round child care facility employees.

Impact(s): Delaware employers of child-serving programs

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INDIANA: Section 44 of House Bill No. 1019 requires public works contractors to have an employee drug testing program

Summary: Section 44 of House Bill No. 1019 requires a contractor that, after June 30, 2015, is awarded a public works contract with an estimated cost of at least $150,000 by a political subdivision to have an employee drug testing program.

Impact(s): Indiana public works contractors

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MAINE: Maine enacts law to establish a secure internet-based background check center for providers of long-term care, child care and in-home and community based services

Summary: The state has enacted S. 541 to establish a secure internet-based background check center for providers of long-term care, child care and in-home and community-based services.

Impact(s): Providers of long-term care, child care and in-home and community based services in the State of Maine

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UTAH: Utah amends background check laws

Summary: Utah amends provisions relating to the Department of Human Services' background check procedures.

Impact(s): Utah employers

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Summary: Utah amends its law relating to background checks for school employees.

Impact(s): Utah school employers

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COURT OPINIONS

U.S. DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA: Court holds that pre-offer drug tests were not impermissible medical examinations under the ADA

Summary: A Pennsylvania federal court held that pre-offer drug tests to determine the use of illegal drugs did not violate the Americans with Disabilities Act's prohibition on pre-offer medical inquiries.

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

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TEXAS COURT OF APPEALS: Court considers employer's duty to conduct criminal background checks

Summary: At issue was a temporary staffing agency's placement of an employee at a rice mill who later physically assaulted the plaintiff with a hard hat. The plaintiff sued the staffing agency alleging that it had a duty to hire, supervise and retain employees who were both competent and nonviolent and that the staffing agency breached that duty by failing to conduct a criminal background check on the assaulting employee.

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

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OTHER UPDATES
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION: EEOC files suit alleging healthcare company failed to provide a disabled applicant with a reasonable accommodation to complete required pre-employment drug screening
Summary: An EEOC disability discrimination suit alleges that the healthcare company (that offers healthcare program administration services for programs such as long-term care and pharmacy benefits management) failed to provide a disabled applicant with a reasonable accommodation that would have allowed her to complete the company's required pre-employment drug screening.
Impact(s): EEOC compliance – for general legal review
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FAIR CREDIT REPORTING ACT: Whole Foods settles FCRA class-action lawsuit
Summary: A Florida federal judge approved a settlement between Whole Foods Market Group Inc. and a class of employees accusing the company of violating the FCRA by including a waiver and release of liability in its disclosure form. The parties agreed to settle the suit for roughly $803,000.
Impact(s): FCRA compliance – for general legal review
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FAIR CREDIT REPORTING ACT: FCRA class action filed against Chipotle for alleged FCRA, CCRA and ICRAA violations
Summary: Plaintiff alleges that Chipotle violated the FCRA by failing to provide applicants with a standalone disclosure/authorization form. The form allegedly used by Chipotle included a provision for employment at-will. Plaintiff also claims that Chipotle failed to provide her with a summary of rights and violated California law by failing to provide applicants with a box to check as an indication that they wanted to receive copies of their reports.
Impact(s): FCRA compliance – for general legal review
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NEW YORK: Governor Cuomo announces executive actions to reduce barriers for New Yorkers with criminal convictions
Summary: Governor Cuomo announced that 12 recommendations made by the Council on Community Re-Entry and Reintegration, which remove barriers faced by New Yorkers with criminal convictions when attempting to re-enter their communities, will be fully implemented by his administration. The recommendations address issues ranging from employment to housing to healthcare.
Impact(s): New York employers
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NEW YORK: NYC Commission on Human Rights explains new NYC background check laws
Summary: Paul Keefe, Supervising Attorney at the New York City Commission on Human Rights, gave a detailed presentation on two new background check laws and clarified the laws and their exceptions.
Impact(s): New York City employers
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U.S. SUPREME COURT: State Attorneys General file amicus brief in Spokeo v. Robins
Summary: Brief filed in support of plaintiffs in FCRA suit challenging standing.
Impact(s): FCRA compliance – for general legal review
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