ENACTED LEGISLATION
ARIZONA: Arizona state agencies "ban the box"
Summary: Gov. Doug Ducey signed an executive order instructing all state agencies to adopt new hiring practices that will remove the criminal history question from employment applications and require state agencies to delay the inquiry until after an initial interview.
Impact(s): Arizona state agencies
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FEDERAL: U.S. DOT amends drug testing regulation to require testing for semi-synthetic opioids beginning Jan. 1, 2018
Summary: The U.S. Department of Transportation (DOT) has issued a final rule, effective Jan. 1, 2018, that will add testing for semi-synthetic opioids to drug testing panel for that safety-sensitive transportation employees. The semi-synthetic drugs that must be tested for are: hydrocodone, hydromorphone, oxymorphone, and oxycodone. According to a press release from the DOT, this is a direct effort to enhance safety, prevent opioid abuse and combat the nation's growing opioid epidemic.
Impact(s): Employers subject to DOT regulations
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FEDERAL: DOT clarifies that medical marijuana is not an excuse in regulated drug testing
Summary: In light of a growing number of states enacting medical marijuana laws, with some protecting medical marijuana users from discrimination in the employment context, the U.S. Department of Transportation has clarified, in a rule effective Jan. 1, 2018, that the exemption possibly allowing a positive result to be excused based on a valid prescription only applies to a "legally valid prescription consistent with the Controlled Substances Act (CSA)." Marijuana is classified as a Schedule I controlled substance under the CSA, a category reserved for drugs that the federal government believes have no medical value. As such, regardless of any state "medical marijuana" laws, there cannot be a legally valid prescription for marijuana (only a recommendation).
Impact(s): Employers subject to DOT regulations
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COURT OPINIONS
U.S. DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA: Company settles suit over allegedly flawed background check disclosure forms
Summary: A food services and facilities management company has settled a proposed class action lawsuit with a job applicant who alleged that it violated the FCRA by failing to provide job applicants with a standalone disclosure and an investigative consumer report disclosure, and failed to follow the FCRA's pre-adverse action requirements.
Impact(s): FCRA compliance – for general legal review
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