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 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.

The National Law Review published this article outlining Ninth Circuit decisions and requirements for Article III standing. The decisions also clarify when extraneous information on background screening disclosures can put employers at risk. Background screening disclosures and authorizations continue to be an area of litigation and it is important to get it right if you want to avoid lawsuits.

Governor Ralph Northam signed HB872 on May 21, 2020, which takes effect on July 1, 2020.  The law decriminalizes simple marijuana possession and provides a civil penalty of $25.00. As part of the bill, employers are prohibited from requiring job applicants to disclose information regarding an arrest, criminal charge or conviction related to possession of marijuana. For more detail on the law, go here.

The Ninth Circuit ruled generally employer favorable in two recent decisions concerning background checks and disclosures. The highlights in these two cases were that the background check disclosure may contain explanatory language as long as it isn’t excessive and confusing; the disclosure can be presented at the same time as other materials, as long as the disclosure is on a separate form; the language in a separate authorization form has no impact on the disclosure form’s compliance with the Fair Credit Reporting Act (FCRA) standalone requirements; and the pre-adverse action letter does not have to require the opportunity for the applicant to discuss the report with the employer.

The law takes effect on August 25, 2020, and employers with more than 15 employees will have to comply. The law prohibits asking questions about an applicant’s criminal history until after an application has been submitted and an initial interview has been conducted, with some exceptions.