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Navigating this terrain is crucial to the quality of patient care and the protection of organizational reputation.
Effective July 29, 2021, New York City further tightens the reigns on employers by broadening the scope of its Fair Chance Act (FCA). The FCA was first enacted in 2015 to help people obtain employment based on their merits rather than their mistakes.
On January 4, 2021, the National Labor Relations Board issued an opinion regarding union allegations that several provisions of a company’s employee handbook violated the National Labor Relations Act.[1]
Beginning December 2021, a new federal law – the Fair Chance Act – will prohibit federal contractors nationwide from inquiring about a job applicant’s criminal history during the initial stages of the application process. The new restrictions will only apply to positions related to work under the federal contract that subjects the contractor to the Fair Chance Act. The Act was signed into law by President Trump in December of 2019 as part of the National Defense Authorization Act (NDAA).
Hiring executives confronting the checkerboard of state and local regulations on background screening can follow practitioner-tested conventions to dodge problems and improve outcomes.
As mentioned in our previous posts, an employer must navigate candidate and employee background screening with extreme caution.
Section 19 of the Federal Deposit Insurance Act has been in existence since 1950, but the Federal Deposit Insurance Corporation provided codifications for the section in 2020.
“Ban the Box” is a fast-growing nationwide movement that seeks to protect job applicants who have criminal records by eliminating any inquiry into such histories on initial job applications. As of 2019, 35 states and more than 150 cities and counties had adopted ban-the-box laws, according to the National Employment Law Project.
As mentioned in our previous blog post, adverse actions that affect candidates for employment or promotion can expose employers to potential legal action. Most common are claims of “disparate impact” on protected classes.
The year of COVID-19 continues to introduce new challenges to HR’s business-as-usual hiring processes. Thankfully, the federal government continues to listen, learn, and respond. One of the many adjustments include the I-9 verification, also known as the Employment Eligibility Verification, is a United States Citizenship and Immigration Services form. Mandated by the Immigration Reform and Control Act of 1986, it’s used to verify the identity and legal authorization to work of all paid employees in the United States.
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