Legislative Alert – Screening News Update September 24, 2014

Jennifer Gladstone

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EBI is proud to present our new Screening News Update videos. From now on, our Legislative Alert blog posts will contain BOTH a text and a video version. We hope you enjoy this new feature.

Who’s Driving That Car?

The highly competitive ride-sharing companies Uber and Lyft came together for a brief moment to fight new regulations proposed by the California legislature. One bill would have required more stringent background checks and drug and alcohol testing for all of the Lyft and Uber drivers, but lawmakers say that bill is now dead.

There were not enough votes to support the proposed changes which would have included mandatory background checks from the state Justice Department and driving records from the DMV. It also would have barred companies from hiring drivers within seven years of a felony conviction. These are the same rules taxi and limo companies have to follow, but for now, these two companies are right where they want to be—outside of the box.

Fingerprints Required

Massachusetts fixed a big loophole in their law that made people with intellectual and developmental disabilities even more vulnerable to abuse by their caretakers. The state only required a search of their database called CORI, but that database only contains information from crimes committed in Massachusetts. Applicants with abusive and violent criminal histories in other states easily slipped through the cracks.

Governor Deval Patrick signed the bill to close that loophole. Now the caretakers’ employers will have to conduct National Criminal History Background Checks through fingerprints.

The Massachusetts Down Syndrome Congress led the fight for more stringent screening.

EEOC – v – Swissport Fueling

In EEOC - v - Swissport Fueling the jury couldn’t decide if some of the claimants experienced any discrimination on the job, so they said the EEOC was not entitled to punitive damages for 7 of the 14 people who sued.

The EEOC argued that the jury didn’t properly follow the Court’s instructions and gave an inconsistent verdict; therefore the decision should be dismissed.

The court also denied the EEOC’s motion for “judgment as a matter of law”….as well as their motion for a new trial.

Click here to read more about this decision.

Employment Background Investigations is a technology driven leader in domestic and global pre-employment background checks, drug testing, occupational health screening and I-9 compliance. We specialize in development, implementation and management of customized employment screening programs for large and multi-national clients. We are dedicated to information security.  EBI is the only NAPBS Accredited background screening company to hold both an ISO 27001:2005 certification for information security and an ISO 9001:2008 certification for Quality Management.

All content provided by EBI is published for the convenience of its readers and should never be deemed as legal guidance or advice.  Always consult your legal counsel for specific advice on state laws and industry regulations.

 

Background Checks, Legislative Alerts, EEOC & FCRA

Jennifer Gladstone

Posted By: Jennifer Gladstone

Jennifer Gladstone is a news anchor and journalist with more than 20 years of experience in front of the camera. She's worked in several markets, large and small, and has performed nearly every task needed in a newsroom. As EBI’s Screening News Editor, she keeps EBI’s customers and blog subscribers up to date on the latest screening news and legislative alerts affecting companies of all sizes.

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