Accurate Blog

2012 Legal Compliance Summary

Posted by Michael Jarvis on May 23, 2013 6:32:34 AM

2012 was Accurate Background’s most successful year to date and we owe it to the continued relationships and new partnerships with our clients. Thank you!

As an organization, we are committed to providing cutting-edge products and excellent customer service that create efficient and streamlined background screening programs for our clients. Compliance is an important part of that process and, to navigate the complicated web of laws and regulations, Accurate Background has compiled an annual legal update as it relates to employment background screening.

Here are a few highlights:

E-Verify
States that have updated or added requirements for employers using the Federal E-Verify work authorization system include:

  • Alabama
  • North Carolina
  • South Carolina
  • Tennessee

Credit Check
States and countries that have restricted the use of credit checks for employment decisions include:

  • California
  • Chile

Ban the Box
Legal restrictions on the use of a criminal conviction history question on employment applications were passed in many cities and states including:

  • Wilmington, DE
  • Newark, NJ
  • Pittsburg, PA

Massachusetts Criminal Offender Record Information (CORI)
The final Massachusetts CORI Reform regulations were issued on May 25, 2012 although the legislation went into effect May 4, 2012.

Fair Credit Reporting Act (FCRA)
All FCRA forms (including the Summary of Rights, Notice to Users of Consumer Reports, Identity Theft Rights, and Notice to Furnishers) must be updated accordingly as required by the Consumer Financial Protection Bureau. Click here for a summary of the FCRA form changes.

Equal Employment Opportunity Commission
The EEOC released additional guidance on an employer’s use of a candidate / employee’s criminal history in a hiring decision. Although this guidance is not law, it is designed to provide the standards and criteria that will be followed in EEOC enforcement actions, including in U.S. Courts. Click here for a detailed summary of the guidance.

Click here for our complete Annual Legal Update and links to additional information.

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