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Sunday, December 15, 2019

News


At OPENonline, we notify you of the most recent background screening and investigative news with our timely news alerts, press releases, blog articles and legislative & compliance updates. If you are interested in submitting an article to appear on our website, please contact our marketing department.

Update: Dollar General and Equal Employment Opportunity Commission (EEOC) Resolve 6-Year Long Suit Involving Background Check Process! A Good Reminder to Evaluate Your Screening Process!

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We alerted you in early November to the motion filed to settle this suit. On November 18, 2019, the EEOC announced that the litigation is settled. While Dollar General is steadfast that their process is legal, and admits no wrongdoing, the settlement includes strict criteria to follow going forward concerning their screening process. This lawsuit is a good reminder to review your screening process to ensure compliance with Federal, State and local laws. We’ve compiled some great resources to assist you here.

The Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse goes live January 6, 2020. Do you employ commercial drivers and know your responsibilities?

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The FMCSA Drug and Alcohol Clearinghouse will go live on January 6, 2020. The law, MAP-21 or Moving Ahead for Progress in the 21st Century Act was passed more than seven years ago, in 2012. The Clearinghouse provides the ability to identify and track commercial drivers who violate the FMCSA drug and alcohol testing program.

Currently FMCSA-regulated employers are required to proactively research the drug and alcohol testing record history of any covered commercial driver, in safety-sensitive positions, they intend to employ, using a look back period of three years. The Clearinghouse will make it easier for employers to verify driver history.

Quest Diagnostics – New Oral Fluid Guidelines for Federal Drug Testing!

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Our partners at Quest Diagnostics posted about the Mandatory Guidelines for Federal Workplace Testing Programs – Oral/Fluid which was published by the Substance Abuse and Mental Health Services Administration, HHS, on October 25, 2019. The guidelines take effect on January 1, 2020 and we wanted to be sure to share it with you.

The Senate was debating a bill for universal background screening on gun purchases yesterday just as the Saugus High School shooting in Santa Clarita, CA was unfolding!

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There has been a lot of backlash over H.R.8 - Bipartisan Background Checks Act of 2019 being stalled in the Senate for months. The tragic school shooting yesterday created even more fervor, exemplified by the fact that the bill was being debated as the shooting was occurring. If you would like more information, we found several articles discussing the topic, here, here, and here.

Thank You Veterans!!

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To the men, women and families who have served our great nation, allowing us to live freely in this country, we thank you for your commitment, dedication, and sacrifice.

Thank you for serving us! We appreciate you!

Dollar General and Equal Employment Opportunity Commission (EEOC) File Motion to Settle Suit, Originally Filed in 2013, Involving Background Check Process!

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Law 360 reports that Dollar General and the EEOC filed a motion to settle a suit that was originally filed more than 6 years ago. In the suit the EEOC claims Dollar General’s applicant screening process creates disparate impact on black applicants. The Law 360 post states that Dollar General defends their process and denies any discrimination against African-Americans. The article goes on to say that Dollar General’s belief is that the EEOC claims are unfounded, but they are happy to have a resolution, and will continue to employ steps to ensure the safety of property, customers and employees. Law 360 also reports that the motion filed includes a $6 million settlement payment by Dollar General. The case is Equal Employment Opportunity Commission v. DolGenCorp LLC (1:13-cv-04307), District Court, N.D. Illinois, and more information can be found here.

Is Social Media Screening by Employers Considered Stalking??

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We’ve delved into this topic several times in recent months, discussing the possible perils and benefits of social media screening of candidates. The National Law Review posted an informative article this week titled “To Stalk or Not to Stalk….That Is the Question – Using Social Media for Applicant Review.” The focus of the article is social media screening, and they included some great best practice tips when using social media to screen applicants.

Reminder to Employers – Avoiding Accidental FCRA Liability When Screening Prospective Employees

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JD Supra posted this article discussing accidental FCRA liability when conducting background checks. It’s a straightforward explanation and a guide to employers who screen prospective employees.

This article, posted by JD Supra and Perkins Coie back in April 2019, is a good complement to their latest article noted above. The post does a great job of outlining FCRA requirements, steps employers should take when screening new hires, highlights of two Ninth Circuit decisions, perils of violating the FCRA, and takeaways for employers!

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