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State-Specific News

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April 26, 2017
New Changes to Massachusetts Regulations on Criminal History Checks

Employers operating in Massachusetts are already aware of the Commonwealth’s Criminal Offender Record Information (CORI) law.1 CORI refers to the database of criminal information maintained by the Department of Criminal Justice Information Services (DCJIS).  CORI records are limited to crimes investigated and prosecuted by the Commonwealth and do not include information related to federal crimes or…

March 1, 2016
Eighth Circuit Rules Minnesota’s Drug and Alcohol Testing in the Workplace Act Has Multi-State Reach

The U.S. Court of Appeals for the Eighth Circuit recently expanded the reach of the Minnesota Drug and Alcohol Testing in the Workplace Act1 (“DATWA” or “the Act”) by ruling that the Act can apply to the employees of Minnesota-based employers working in other states whenever there are “significant contacts” between the state and the parties…

January 19, 2016
Pennsylvania Court Rules Background Screening Law Unconstitutional

On December 30, 2015, the Commonwealth Court in Pennsylvania unanimously found the Older Adults Protective Services Act’s (the Act) lifetime prohibition on the ability of individuals with convictions to hold certain jobs in nursing homes and long-term care facilities to be unconstitutional on its face, under its interpretation of the Pennsylvania state constitution.1  Specifically, the…

June 24, 2015
Background Screening Companies May Now Report Convictions Older Than Seven Years in Nevada

Under the federal Fair Credit Reporting Act (FCRA), background screening companies (or consumer reporting agencies) are generally prohibited from reporting certain types of derogatory information that the FCRA considers to be too old to be useful, i.e., obsolete.  For example, background screening companies typically cannot report certain bankruptcies that are older than 10 years and…

June 26, 2012
Indiana Passes New Legislation Restricting Criminal History Information Reported in Background Checks

The EEOC’s April 25, 2012 updated enforcement guidance on the use of arrest and conviction records by employers has generated renewed and substantial interest in the controversial subject of criminal background checks in the context of Title VII of the Civil Rights Act of 1964. Although it is important for employers to review the EEOC’s…

March 9, 2012
Massachusetts Employers Face New Obligations When Conducting Background Checks Involving Criminal History Records

Effective May 4, 2012, the Massachusetts Criminal Offender Record Information (CORI) Reform Act (the Act), which was enacted in August 2010 with the controversial “ban the box” legislation, will significantly change the way employers access, use, and maintain information obtained through the Commonwealth’s CORI system. The Act will allow all employers access to a new…

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