November 12, 2020
In every state where marijuana legalization was on the ballot this past week – it won. In Arizona, Montana, and New Jersey—where medicinal use is already permitted—voters approved recreational use. Mississippi voters decided to legalize medical marijuana in the state, and South Dakota voters decided to legalize both recreational and medical use. Additionally, in Oregon […]
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October 29, 2020
2019: U.S. workers tested positive for illicit drugs at the highest rate in 16 years. A possible trend that could continue this year as a symptom of the COVID-19 pandemic, according to Quest Diagnostics’ annual analysis. Researchers examined more than 9 million sample results taken last year for Quest Diagnostics’ Drug Testing Index from the […]
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October 15, 2020
Recurring Driving Records – Something to Strongly Consider. Kansas City Ordinance prohibits operating a motorized vehicle – including electric scooters – while intoxicated. The ordinance also requires electric scooters to be driven on the street, not on sidewalks. Read an example here. So, whether you maintain a fleet of company trucks, or have employees that […]
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October 12, 2020
Federal Developments EEOC Updates COVID-19 Guidance At the beginning of September, the U.S. Equal Employment Opportunity Commission (“EEOC”) published an update to its guidance titled “What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws (WYSK).” The updated guidance adds new questions and answers adapted from other EEOC technical resources, […]
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October 1, 2020
June 2019: Outten & Golden, LLP, along with the NAACP and Youth Represents, filed a class action lawsuit against Macy’s, Inc. challenging its use of an overbroad and unnecessarily punitive criminal history screen in making hiring and termination decisions. The Plaintiff, The Fortune Society, is a non-profit community-based organization whose mission is to support the […]
Read More »September 18, 2020
In a 4-3 decision, the Supreme Court of Ohio answered this question: If an employer’s substance abuse policy requires employees to undergo random urinalysis drug testing, and employees sign consent forms authorizing “any testing necessary”, but not specifically addressing direct observation testing, do the employees have a cause of action if their only option is […]
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September 14, 2020
Federal Developments FDIC Issues Final Rule Revising and Codifying Section 19 to Allow Greater Employment Opportunities for Individuals With Certain Minor Criminal Offenses on Their Records The Federal Deposit Insurance Corporation (FDIC) approved a final rule to revise and incorporate into the FDIC’s regulations a longstanding Statement of Policy (SOP) related to individuals with certain […]
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September 2, 2020
Have you ever wondered where background check information comes from? There are two primary collection methods that the background screening profession uses to procure information – databases and live research. Both methods have benefits and drawbacks. Let’s explore each… Databases The average criminal background check used in employment screening searches criminal record data at the […]
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August 26, 2020
Federal Developments OSHA Publishes Frequently Asked Questions on COVID-19 On July 2, the Occupational Safety and Health Administration published a set of Frequently Asked Questions Related to COVID-19. The FAQs do not appear to provide any new guidance but are grouped by topic for easier reference and are more user-friendly as a result. Before publication of […]
Read More »July 28, 2020
What seems like ages ago, in April 2012 the Equal Employment Opportunity Commission (EEOC) released their Consolidated Guidance on the Use of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act. This guidance addressed the unintended discriminatory impact of criminal background checks on certain minority groups. If a background […]
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