DID YOU KNOW? Although there is no federal legislation yet, Ban the Box legislation (Fair Chance Act) has been enacted in:
(7 OF WHICH APPLY TO BOTH PUBLIC AND PRIVATE EMPLOYERS)
100 CITIES AND COUNTIES
SEVERAL PRIVATE COMPANIES
It is critical for your human resource staff or anyone involved in the hiring process in your company to know the laws that exist in each of the jurisdictions (state and local) in which your company operates.
To view CARCO’s complete listing of states and municipalities with Ban the Box legislation, click here.
On August 10th, the Seventh Circuit dismissed a putative class action against Advocate Health and Hospitals Corp. (AHHC) alleging that the hospital violated the Fair Credit Reporting Act (FCRA) by failing to protect patients’ medical information, ruling that the hospital is not a consumer reporting agency.
According to the Seventh Circuit, a hospital such as AHHC is not considered a consumer reporting agency under the FCRA because it does not get paid for gathering information on patients. In response to the plaintiffs’ argument that such a ruling would limit the FCRA’s reach to the three major credit bureaus, the Seventh Circuit said, “other entities…may act in ways that satisfy the statutory definition of ‘consumer reporting agency ,’” offering a staffing agency as one example.
Tierney et al. v. Advocate Health and Hospitals Corp. No.14-3168 (7th Cir., Aug. 10, 2015)
On July 8, 2015, the Office of the Chief Administrative Hearing Officer (OCAHO), issued a decision finding Hartmann Studios, Inc. “liable for 808 violations of 8 U.S.C. § 1324a(a)(1)(B)”, namely hiring workers in the United States without properly examining and documenting the employees’ identity and immigration documents.
Employers need to realize, during the background screening process, the importance of the I-9, or Employment Eligibility Verification form, which has been required since 1986 as part of the Immigration Reform and Control Act. Since the I-9 form was revised in 2013, I-9 scrutiny has been on the rise and employers need to ensure compliance by having a complete understanding of the requirements and following them to the letter of the law.
Depending on the type of I-9 violation and the number of offenses, penalties can range from $110 per violation to $16,000 per violation and six months in prison.
In the Hartmann case, the judge found that “employment verification procedures are sufficiently defective to foreclose a claim of either good faith or substantial compliance”. Hartmann was fined $605,250.