Tag Archive for: background screening

Pittsburgh Limits Employer Drug Testing for Medical Marijuana Patients

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The Pittsburgh City Council passed an ordinance that significantly limits circumstances in which employers are permitted to administer pre-employment drug testing for medical marijuana patients. Notably, Pennsylvania has had protections set in place for medical marijuana patients under Chapter 21 of Act 16 since 2016. Still, the previous guidelines did not explicitly prohibit testing medical marijuana patients for cannabis use.

The new measure specifically aims to protect medical marijuana users from workplace discrimination. It limits the circumstances under which employers are permitted to conduct cannabis drug tests, aligning employee rights with legalized medical marijuana use in Pittsburgh. 

Quick summary of the ordinance

Mayor Ed Gainey signed the ordinance on September 24, 2024, after it was unanimously passed by the Pittsburgh City Council, putting it into effect immediately. The ordinance prohibits requiring pre-employment cannabis testing or testing during employment for medical marijuana patients. The ordinance applies to most employers, employment agencies, and labor organizations with five or more employees. 

The full details of the Pittsburgh Medical Marijuana Employment Protection Ordinance are available in the City Council meeting notes here.

Room for employer action

Under the new ordinance, employers are generally restricted from requiring pre-employment cannabis testing or testing during employment as a condition of continued or prospective employment. However, there are notable exceptions: 

  • Regulatory compliance: Positions subject to drug testing regulations by the U.S. Department of Transportation or Pennsylvania Department of Transportation. 
  • Firearm requirements: Positions that require the employee to carry a firearm. 
  • Collective bargaining agreements: Employers part of a valid collective bargaining agreement addressing pre-employment drug testing. 

The new ordinance does not alter the definition of “employer,” which excludes further excludes certain religious, fraternal, charitable, and sectarian organizations. 

In addition, the 2024 ordinance also allows disciplinary action and testing medical marijuana patients in certain situations, including: 

  • Reasonable cause: Employers may conduct drug testing if there is reasonable cause to suspect an employee is under the influence of a drug while at work or after a workplace accident. 
  • Disciplinary actions: Employers can take disciplinary action against a medical marijuana patient if their conduct falls below the standard of care normally accepted for their position while under the influence in the workplace. 

The ordinance also notably allows room for employer rights to test for the suspected use of other illegal narcotics on the job and does not require businesses to permit the use of medical marijuana during work hours or on the premises. 

The bigger picture

Limiting cannabis testing for certain roles is a significant development for the City of Pittsburgh. The ordinance aligns the city with Pennsylvania state law, which permits medical marijuana use outside of work with boundaries for employer action. 

Employers hiring or operating in Pittsburgh should consult their legal counsel to determine whether this ordinance applies to them. Additionally, limitations on employer drug testing in Pittsburgh is just one moving part of a nationwide movement to align with changing cannabis use laws. Employers in areas with legalized medical or recreational cannabis use may want to keep an eye on current laws and upcoming changes to employee protection laws as the landscape evolves.

 

Utah Sets Boundaries on Generative AI

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As AI systems and technology use continue to soar, more regulations and guidelines follow. Utah’s SB 149, also known as the AI Policy Act, mandates disclosure to any person who is interacting with generative AI. The Act is effective as of May 1, 2024, and has been implemented to promote transparency and fairness in AI-driven communications.

Below is a quick timeline of events leading up to SB 149:

  • Early 2023: Initial discussions and drafting of the AI Policy Act.
  • March 2024: SB 149 passed in the Utah Legislature.
  • May 1, 2024: SB 149 went into effect.

Utah is one of the first states, alongside Colorado, to enact a law governing the use of AI.

What is “Generative AI”?

Utah’s AI Policy Act defines generative AI as any artificial system that:

  • is trained on data;
  • interacts with a person using text, audio, or visual communications; and
  • generates non-scripted outputs with intentional likeness to human interaction, with limited or no actual human oversight.

This broad definition encompasses various applications, from marketing bots to customer service responses.

Guidelines for Employers 

In addition to the general terms and usage of AI, employers should be aware of guidelines, enforcement, and penalties regarding Utah’s AI Policy Act.

Disclosures 

  • General Disclosure: Companies must “clearly and conspicuously” disclose the use of generative AI, if it is used to interact with a person and if that person asks.
  • Regulated Professionals Disclosure: Any person who provides the services of a regulated professional, meaning any occupation requiring a license or state certification, must prominently disclose the use of generative AI at the start of the interaction.

Disclosures must be prominent and clear and cannot be solely included in terms of use or privacy notices.

Enforcement and Penalties 

  • The Division of Consumer Protection may impose fines of up to $2,500 per violation and seek additional remedies such as injunctions and disgorgement (seizure of illegally obtained profits).
  • The Attorney General’s office can seek civil penalties for up to $5,000 for each prior administrative or court order violation.

To read the full details of policies, regulated professions, and guidelines for employers, take a closer look here.

The Office of Artificial Intelligence Policy

Utah law also establishes a state Office of Artificial Intelligence Policy (OAIP) under the Act, which will oversee a learning laboratory to assess risks and best practices related to AI. The OAIP will also have rule-making authority over AI issues, consult with businesses and stakeholders about proposed regulations, draft rules for participation in the learning lab program, and define criteria for organizations to follow when seeking mitigation of regulatory requirements or violations.

Importance for Human Resource Professionals Nationwide

New laws and regulations regarding the use of AI, such as Utah’s SB 149 and Colorado’s SB 24-205, can potentially set a precedent for future legislation in other states addressing responsible AI use on a larger scale.

These laws highlight the need for transparency, fairness, and accountability in AI systems, particularly those used in direct human interactions and concerning use in regulated professions. As states like California, Connecticut, and Virginia propose similar laws in 2024 to combat the misuse of AI, the urgency for clear disclosure requirements appears to be a growing trend. Employers in Utah should consult with their legal counsel to review laws regarding the use of AI in business and employment practices.

One Source will attempt to provide updates on AI regulations in Utah and across the United States as they emerge.

 

Changes to California’s Fair Employment & Housing Act

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On September 28, 2024, Governor Gavin Newsom signed Senate Bill 1100, an amendment to California’s Fair Employment & Housing Act (FEHA), introducing a significant change to promote fairness and inclusivity throughout the hiring process.  Under the amendment, starting in 2025, California will prohibit employers from requiring a driver’s license in job advertisements and applications unless driving is a job function for the position that cannot be performed by alternative means.

An overview of California’s Fair Employment & Housing Act 

Below is a quick timeline of California’s Fair Employment & Housing Act: 

  • 1959: The Fair Employment Practices Act enacted to address workplace discrimination 
  • 1963: The Rumford Fair Housing Act set boundaries on discrimination based on race, religion, national origin, and ancestry. 
  • 1980: The FEHA was enacted, combining the Fair Employment Practices Act and the Rumford Fair Housing Act. 

Since then, the FEHA has been a center point for California’s anti-discrimination laws. Multiple changes have occurred over the past few years alone, such as AB 2188  in 2024, which prohibits discrimination against off-duty cannabis use in most circumstances, and updates to the Fair Chance Act in October 2023. 

On September 28, 2024, Governor Gavin Newsom signed SB 1100 into law, further amending the FEHA to limit the circumstances under which an employer can require a driver’s license in job advisements and applications. 

Purpose and employer restrictions 

California has historically prohibited discrimination against individuals without a standard driver’s license to provide more opportunities for Californians with non-standard driver’s licenses who can provide proof of residency in the state but not national citizenship. This recent change adds an additional layer of protection to avoid candidate discrimination against individuals without any form of driver’s license at all.

The primary goal of the amendment is to provide equal access to employment opportunities for individuals who do not possess a driver’s license and those who may rely on alternative transportation methods such as ride-hailing services, public transportation, biking, and walking. Employers are also prohibited from including a statement in job advertisements, postings, applications, or other materials that an applicant must have a driver’s license unless: 

  • The employer reasonably anticipates driving to be one of the job functions for the position.
  • The employer reasonably believes that satisfying the job function using alternative forms of transportation (such as ride-hailing, taxis, carpooling, bicycling, and walking) would not be comparable in travel time or cost to the employer.

These changes to California’s Fair Employment Act are effective January 1, 2025. To learn more details, read the full text of the amendment here.

The future of anti-discrimination law

Hiring professionals in California should monitor the status of Senate Bill 1100 as the law’s interpretation and employer boundaries are set in future rulings, as well as other future updates to the Fair Employment & Housing Act.

While this amendment specifically applies to California, it draws attention to an often-overlooked barrier to inclusivity and non-discrimination in the workplace for candidates who do not or are unable to drive. Employers in other states should also be aware of these changes, as they may influence future legislation in other states and jurisdictions.

 

This article is for informational purposes only and does not constitute legal advice. Employers should consult their legal counsel before taking any action. 

 

Annual Disposal of E-Verify Employer Records: What You Need to Know

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The U.S. Citizenship and Immigration Services (USCIS) annually disposes of E-Verify employer records that are ten years old or older. This process is conducted by the National Archives and Records Administration (NARA) records retention and disposal schedule (N 1-566-08-7) established in 2008. 

The primary reason for disposing of E-Verify employer records is to reduce security and privacy risks associated with the U.S. government’s retention of personally identifiable information (PII). 

What employers need to know 

Your company’s program administrator or corporate administrator is permitted to download and save your company’s employee historical records report, which includes the following information: 

  • Company name and location 
  • Initiated date and verification case number 
  • Employee name and date of initial resolution 
  • Date of additional resolution and final status 
  • Case closure date and case closure description 

Form I-9 compliance: Employers are required to record or print and file all E-Verify case numbers for each corresponding Form I-9, Employment Eligibility Verification. 

Disposal of records: USCIS disposes of E-Verify records that are ten or more years old each year. Employers have until January 5, 2025, to download records for E-Verify cases last updated on or before December 31, 2014. On January 6, 2025, USCIS will dispose of these records. 

Exporting and retaining E-Verify case information: 

  1. Ensure your company’s program administrator or corporate administrator downloads and saves the Historic Records Report by January 5, 2025. 
  1. Record or print and file the E-Verify case number for each corresponding Form I-9. 
  1. Retain the Historic Records Report with the corresponding Forms I-9 in a secure location. 

For detailed instructions on downloading and retaining records, see the official E-Verify Records Retention Instructions.

 

This article is for informational purposes only and does not constitute legal advice. Hiring professionals, HR professionals, and administrators should consult their legal counsel to ensure all actions comply with the law.

 

Keeping Up with FCRA Compliance Requirements

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HR leaders have to stay in front of a lot of regulatory concerns. Maintaining compliance with the Fair Credit Reporting Act (FCRA) with background checks is undoubtedly one of them.

FCRA in the beginning

According to the Federal Trade Commission (FTC), the FCRA was enacted in 1970 to regulate the practices of consumer reporting agencies (“CRAs”) that collect and compile consumer reports for use by certain third parties, including employers.

The FCRA has seen amendments since its inception, but the intention remains the same – to keep the use of consumer information fair and allow space for consumer privacy. The Electronic Privacy Information Center states the Act does this through “…rights of data quality (right to access and correct), data security, use limitations, requirements for data destruction, notice, user participation (consent), and accountability.” For employers, the FCRA has created specific requirements that must be maintained.

Staying in compliance

The requirements imposed on employers that procure background reports are muddled with gray areas. Compounding the confusion is the fact that the FCRA can be supplemented by state and local laws. These laws can be amended, and they are subject to reinterpretation. Because of the changing nature of the FCRA, as well as state and local laws and regulations, the best way to stay compliant is to regularly consult your legal counsel. We’ve also compiled a short checklist with a few basic requirements to help you think about obligations under the FCRA

Download the FCRA Background Screening Compliance Checklist to help you get started thinking about your compliance requirements ››

If you want to learn more about what One Source’s FCRA-compliant background checks are all about, schedule a consultation today.

 

Understanding & Simplifying Adverse Action

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Background checks are part of every employer’s routine, from candidate screening to rescreens on employees, and along with these checks come important discoveries, too. Unfortunately, some of these discoveries call for adverse action, meaning an employment-related action that adversely or unfavorably affects a prospective or current employee. This blog covers some of the general steps employers should understand before they take adverse action on a candidate or employee.

Adverse Action Process

The adverse action process includes a series of letters informing a candidate or employee of their rights after they authorized procurement of a background report on them but before an employment decision has been made based on its content. In general, the first letter notifies the candidate or employee that an employment decision may be forthcoming based on the content of a background report; attached to this letter is a copy of the background report and a Summary of Your Rights under the Fair Credit Reporting Act (“FCRA”). The employer then waits for a set period of time to permit the candidate or employee to respond to the employer or dispute the accuracy of the background report with the consumer reporting agency, before final notice is sent is provided.

When taking adverse action on a candidate or employee, employers must comply with applicable laws including the FCRA and other state and local laws such as ban-the-box and fair chance laws. An employer who fails to comply with these laws could be held liable for actual damages, punitive damages, and other costs and fees.

The Benefits of Automation

All these steps can be a challenge to tackle alone or even with a robust team. Not only does it take time and energy to put the correct materials together and send them at the proper intervals, but whenever a team member carries these out, there’s a risk of human error. That’s why many turn to automated services to handle tasks like these. Deel, an HR platform provider, notes that automating tedious manual HR processes can make a big impact in several ways. Here are just a few:

  1. Guaranteed compliance. Automated document management and scheduled communications mean everything you need to keep compliant is done for you.
  2. Fewer manual errors. Decrease the likelihood of costly liability claims and enhance efficiency with human error out of the equation.
  3. Improved consistency. Provide a consistent experience for applicants and employees across the board.

Like all highly regulated employment practices, it’s best to review your policies and procedures with your organization’s legal counsel. Ensuring that the language is clear to applicants and employees is a great place to start, but employers also need to have a strategy in place if adverse action is required.

Free up time and reduce stress by handling adverse action through automation. Learn more about One Source’s One-Click Adverse Action service >>

Disclaimer: This post is for informational purposes only and does not constitute professional advice. Always consult with legal counsel for personalized guidance.

 

Identifying & Reducing Employee Online Misconduct

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Previously, we’ve touched on why employers utilize social media screening. To summarize, two businesses found out the hard way that problematic team members can draw negative attention to their employer and waste a lot of time, money, and resources along the way. Of course, those wasted efforts could have been avoided had they thoroughly vetted the online behavior of those in question.

When properly administered, this type of check contributes to lower staff misconduct, higher productivity, and a larger talent pool thanks to a positive perception of employer brand. Now, we’ll explore the most common types of misconduct found while reporting before learning how to mitigate it.

Common Offenses

With a litany of online activity resulting in red flags, it helps to categorize them for reports. Eight of the most common labels applied are Criminal Offenses, Violence, Drugs, Intolerance, Hate Speech, Harassment, Sex, and Threats.

  • Violent and Threatening content often include mentions of physical aggression or express an intent to cause harm.
  • Content labeled for Drugs could relate to the use, distribution, or advocacy of any variety of mind- or body-altering substance, regulated or otherwise.
  • Flags of Intolerance or Hate Speech often show intolerance of or a bias towards specific demographics.
  • Material can be flagged as Harassment if the individual has kept up persistent, unwelcome communication with specific users or groups.
  • Sexually explicit material or discussions of a sexual nature result in the Sex label.
  • The Criminal Offenses label can be broadly applied to any indication of illegal activities or involvement in criminal behavior.

Once you know what kind of behavior to keep a lookout for, it’s important to prepare a plan to minimize their effects on your organization.

Moderating Misbehavior

The first step is to ensure you’re equipped to handle potential issues that arise. One way HR teams can do so is by including a social media policy in the organization’s employee handbook. Make sure it details what’s acceptable, what isn’t, and the consequences of non-compliance.

Second, work with IT support to implement monitoring systems and software tools that track online activities within the organization’s network and detect potential misconduct. This could include content filtering and firewall technology to reduce access to certain websites or platforms. Periodically providing regular training on responsible internet usage and the organization’s policies regarding online conduct can also further reinforce a culture of accountability and professionalism among employees.

Third, consider encouraging your personnel to use their paid time off. Why? According to a study conducted by Hiscox, an insurance provider, it’s not only one of the easiest ways to identify potential cases of fraud, but it also gives team members additional time to relax, reducing the likelihood that they act out.

Last, it’s necessary to have an effective HR tech stack. Tools like anonymous whistleblower forms or hotlines, workplace communication monitoring, and necessary background and reference checks make identification and prevention easier to handle.

At the end of the day, it doesn’t matter if your team is big or small; misconduct in any form is a threat to business. Facing it may sound daunting, but One Source can help. Reach out to learn how to best integrate social media screening into your policies for a successful staff.

 

5 of the Top Reasons to Use Continuous Criminal Monitoring

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The HR toolkit contains many means of keeping your organization staffed and running efficiently. Tools like applicant tracking systems and performance measuring software help bring in fresh faces and follow your team’s progress, but those are strictly for the pre-hire period and to track working hours. What may be lacking is a way to know that team members are avoiding conflict with the law. Thankfully, that’s where continuous monitoring comes in.

This process is, in form, similar to a preliminary employment background check for criminal history. However, instead of being a one-time affair, the subject is rescreened regularly to identify changes, if any, in the subject’s criminal history. Organizations might order this process due to any number of reasons, but today we’re going through the top five:

1. Compliance

Depending on your business’s trade, rescreening may be mandatory after a pre-determined time. Highly regulated industries like transportation, healthcare, and financial services — to name a few — often include requirements to have your background checked annually, biennially, or after several years with the employer.

2. Protecting Brand & Reputation

Companies, more so than individuals, live and die on how the public perceives them. If current staff make headlines for delinquent or criminal behavior, the community may ask, “Why are they still employed with you?” which can lead to a decline in business opportunities.

3. Safeguarding Sensitive Assets, Information, & Finances

Between trade secrets, billing data, intellectual property, and more, there are many resources and a great deal of customer information that employers don’t want to fall into the wrong hands. A slip-up in trust can be disastrous, threatening an entire business and contributing to the billions of dollars lost annually to intellectual property and trade secret theft, according to the Associated Press.

4. Maintaining a Safe Environment

Two groups comprise the core of all organizations: their staff and customers. Without the trust of both parties to move things forward, there are no deals to close or goals to achieve, making it paramount to protect them.

5. Streamlining & Automation

Keeping up with the goings-on of staff can be tedious and time-consuming. Many HR professionals choose to automate this process to free up valuable time they could spend recruiting and onboarding new staff, evaluating employees, or tending to other essential responsibilities.

No matter the reason, Continuous Criminal Monitoring can help your team remain safe and protect confidential resources. One Source can help by setting up a schedule to keep you informed. Reach out to learn how you can get started.

 

One Source Ranked as an HRO Today Pre-Employment Screening Leader

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One Source would like to extend our heartfelt gratitude to our clients for helping us achieve a first: ranking as an Enterprise Pre-Employment Screening Leader in the 2023 Baker’s Dozen Customer Satisfaction Ratings by HRO Today. This was only possible through feedback from our clients directly to the multi-channel network for HR decision-makers themselves. Our first accolade with the organization, we hope for the chance to exceed customer expectations moving forward.

What Is the Baker’s Dozen Award?

Each year, via an online survey, HRO Today gathers feedback from the customers of businesses in HR-related industries. Organizations are ranked in three categories to determine their standing: service breadth, deal sizes, and service quality. Service Breadth looks at the variety of available services tailored to distinctive audiences, Service Quality measures how customer expectations have been met, and Size of Deals refers to the average scope of contracts drawn up.

We’re Always Striving to Improve

As an Enterprise Pre-Employment Screening Leader, One Source is committed to providing an excellent experience from day one. We believe that the best way to begin is with a diagnosis of needs followed by:

  • Clear Communication – We listen to our customers and regularly adjust our system, services, and offerings based on feedback. If delays or important compliance updates arise, clients receive notices detailing the situation alongside relevant resources and details on possible resolutions.
  • Proactive Support – We’re happy to provide customers with the resources they need to hire confidently through onboarding and beyond. Plus, our support team is available by call, email, or chat whenever you need them.
  • A Streamlined Experience – Our process offers a smooth and accessible experience for both clients and applicants. Between ATS/HRIS integrations, bulk order uploads, automated reminders, and more, we have the tools needed to keep candidates moving.
  • Quick Turnaround Times – At One Source, accuracy is only one of our primary focuses. The other is ensuring that reports are delivered within 24 to 48 hours, allowing us to deliver the TotalCheck experience every time.

Let Us Know How We Can Help

After 20 years of providing trusted screening solutions, One Source greatly appreciates this new honor. We deeply value old and new relationships with clients, so we pledge to continue improving, listening, and learning.

For more information on how One Source goes above and beyond for our customers and their applicants, contact us.

 

A Comprehensive Review of Screening Compliance

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In the world of background checks, compliance is a must. It’s simply a fact of life for both Consumer Reporting Agencies (CRAs) and any organization or business that screens consumers. A nuanced topic though it may be, this article sheds light on the industry-, permissible purpose-, and location-specific requirements that may apply to you. Of course, this article is only a starting point for ensuring your organization complies with background screening laws; consider discussing further with your legal counsel.

Below, we’ve broken down the most important factors to allow you to hone in on what’s relevant to your organization.

Rules & Regulations

Background screening compliance is a joint effort between the CRA who provides the report, the furnishers of data that end up in some reports, and the end user who procures the report. Different regulations and obligations apply to each type of entity, and two federal agencies—the Federal Trade Commission (FTC) and Consumer Financial Protection Bureau (CFPB)—are charged with enforcing them.

Background screening companies can also become accredited by the Professional Background Screening Association’s (PBSA’s) Background Screening Agency Accreditation Program (BSAAP). In short, accredited CRAs like us are committed to excellence and delivering the highest level of standards in six critical areas through accountability and continuous improvement of policies and procedures. For more information about this designation and the process of achieving it, check out our PBSA Accreditation page.

Of course, every business is part of an industry—some of which have specific requirements regarding background checks and additional searches (credit history, social media, USDOT, etc.). Organizations in education, finance, healthcare, or transportation (to name a few) need to adhere to specific constraints regarding hiring and continued employment practices. If you have questions about the specifics of your industry, check with your legal counsel.

End User Responsibilities

When working with an accredited background check company, companies must agree to several policies as end users. These may include, but are not limited to:

  • Reports won’t be used to violate the law
  • Consent has been given by applicants
  • Reports will be used confidentially
  • You won’t sell or disclose information to a third party
  • Applicant identities are confirmed

Further, a permissible purpose must be present to run a background check. Most often this is a Written Instruction for site access or personal screening, a Legitimate Business Need like tenant screening, or for Employment such as hiring, promotion, or retention. No matter the purpose, the organization must first be credentialed before they’re allowed to order a report. Most often, this process involves verifying business information, licenses, and tax documents; it may occasionally require an on-site inspection as well.

State-Specific Legislations

Among the myriad of laws and regulations are two that have been taking the country by storm in recent years: Clean Slate and Ban the Box laws. Essentially, these are legislations passed by individual states to limit the amount of information employers can use to deny individuals employment based on criminal history. The former removes eligible offenses from an individual’s criminal record once they’ve completed their sentence and any post-sentence requirements such as parole or probation and have committed any re-offenses. The latter provides certain procedures regarding criminal history inquiries during the application process and, in some cases, limits employers from asking about criminal history on job applications altogether.

To learn more about these measures and if/how they affect your state, read our previous coverage on these subjects here:

Ban the Box Updates: What Employers Need to Know

A man using a ballpoint pen to write while also using a laptop.

Clean Slate Laws: What Employers Need to Know

Two men shaking hands following a job interview.

Additional Obligations

Accompanying the larger regulations at play are additional necessary forms and procedures. Each carries its own significance and it’s important not to neglect them:

Disclosure & Authorization forms ensure applicants consent to being screened. All candidates must complete this form either on paper or electronically, it must be up to date, and it must include what will and may be searched.

Adverse Action means rescinding a job offer due to the results of a background check. This is a two-step process where a letter is sent to the applicant in advance to give them time to review the accuracy and completeness of their report and a chance to dispute inaccuracies.

If a prospective hire chooses to dispute information on their report, the CRA is required to perform a re-investigation and notify the furnishers of the data in question. Both the end user and applicant will be notified of the results of said re-investigation.

In summary, compliance should always be top of mind. Your organization needs to adhere to state and industry regulations, be properly credentialed, follow agreed-upon policies and procedures, and provide candidates with the tools they need to ensure their report is accurate.

For questions related to industry-specific standards, consult your legal adviser. For additional information, check out the Society for Human Resource Management’s website or our archive of compliance coverage.