ENACTED LEGISLATION
INDIANA: Amendment Requires Indiana schools to conduct “Expanded Child Protection Index Check” on school personnel
Summary: Beginning July 1, 2016, individuals that begin employment on or after July 1, 2016, within Indiana school corporations, charter schools or nonpublic schools, or similar – as well as those which contract services to the previously mentioned entities – are required to undergo an Expanded Child Protection Index Check. Under the amended background check policy, Indiana schools and contractors are required to conduct both the expanded criminal history check previously required under IC 20-26-5-10 (as defined at IC 20-26-2-1.5) and the newly created Expanded Child Protection Index Check that is defined at 3.IC 20-26-2-1.3. Both the expanded criminal history check and the Expanded Child Protection Index Check must be completed before or not later than three (3) months after the applicant’s employment by the school corporation, charter school or nonpublic school.
Impact(s): Indiana school personnel
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MILWAUKEE, WISCONSIN: Milwaukee Common Council signs “Ban the Box” legislation for city job applicants
Summary: The Milwaukee Common Council approved legislation that will eliminate questions about prior criminal history from applications for employment with the city.
Impact(s): Milwaukee city employers
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PROPOSED LEGISLATION
NEW JERSEY: Bill introduced in New Jersey Senate to require certain school employees to undergo child abuse background checks
Summary: Senate Bill No. 1210 was introduced into the New Jersey Senate to require certain employees and candidates for public school employment or service and youth camp employees to undergo child abuse record information checks.
Impact(s): New Jersey schools
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NEW JERSEY: New Jersey Senate and Assembly introduce bills to prohibit employers from inquiring about an applicant’s salary history
Summary: Two separate bills have been introduced in the New Jersey Senate and New Jersey Assembly to amend the New Jersey Law Against Discrimination to prohibit employers from inquiring about an applicant’s salary history.
Impact(s): New Jersey employers
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NORTH LAS VEGAS, NEVADA: North Las Vegas City council considers “Ban the Box” initiative
Summary: The City of North Las Vegas is considering banning "the Box" on city job applications.
Impact(s): North Las Vegas city employers
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COURT OPINIONS
U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA: Court grants summary judgment to employer ruling that drug testing, firing and refusal to rehire were not racially biased
Summary: An employer received a hotline call from an individual to say a production employee was using and selling marijuana at work and there was widespread marijuana use at the facility. Each production employee at the facility was asked to take a drug test, but given the option to decline if they could not pass the test. Management fired all employees who admitted they could not pass the drug test along with those who had failed the test. Several of the terminated employees, including the employee accused of selling marijuana, reapplied for their seasonal positions. Several of these employees were rehired, but the employee accused of selling marijuana was not rehired. The employee sued claiming race discrimination. After reviewing the evidence, the court granted summary judgment ruling that the actions of the employer were not racially biased.
Impact(s): All employers
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U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA: Court dismisses potential FCRA class action lawsuit against Lyft
Summary: A federal district judge granted a motion to dismiss for lack of standing in an FCRA lawsuit filed against Lyft, Inc, finding that the Plaintiff failed to show a concrete injury to establish Article III standing under Spokeo. The plaintiff alleged that the disclosure he was required to complete when applying for employment with Lyft contained “extraneous information,” and that the disclosure failed to comply with the FCRA and state law. He also alleged that Lyft failed to inform him that he had a right to request a summary of his rights under the FCRA. The federal judge concluded that: “[Plaintiff] does not allege that as a result of Lyft‘s failure to provide the disclosures in a separate document or to notify him of his right to receive a summary of his legal rights he was confused about his rights or that he would not have consented to the background checks had he understood his rights. Nor does he allege that he was harmed by the background check in any way.”
Impact(s): FCRA compliance – for general legal review
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OTHER UPDATES
BAN THE BOX: State University of New York System modifies University policy to prohibit pre-admission inquiry into prior felony convictions
Summary: The State University of New York System Board of Trustees voted to prohibit the inquiry into a student’s criminal history until after the student has been admitted.
Impact(s): State University of New York
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