Legislative Alerts June 19, 2014

Legislative Alerts June 19, 2014

By Jennifer Gladstone

Federal Custody Contrtol Form

New Federal Forms

The Office of Management and Budget (OMB) approved the 2014 Federal Custody Control Form (CCF) for all federal agency and federally regulated drug testing programs.

While the CCF can be used in either a paper or electronic (eCCF) form for HHS testing, it is important to note that the DOT has not yet approved the use of the Federal eCCF.

With regard to testing HHS regulated specimens, an HHS-certified test facility has certain steps that it must take before it can utilize the Federal eCCF.  They must submit a detailed plan and proposed standard operating procedures (SOP) to the NLCP for review.  Once approved, an onsite inspection will be conducted.  It is only after these tasks are completed that the Federal eCCF form may be used in lieu of the paper CCF.

The new form went into effect on May 31st of this year and expires in 2017.

Subcommittee Eyes EEOC

The House Subcommittee on Workforce Protections held a hearing this week to take a closer look at the EEOC’s guidance on the use of criminal background checks. Several witnesses told the committee that the EEOC is overstepping its bounds when it comes to restrictions on background checks.

Federal law does not keep employers from asking about criminal history, but it does put restrictions on how the information is used.

President and CEO of the National Small Business Association, Todd McCracken, testified before the panel.  His main message was that more small businesses are giving up background checks so they can avoid the bureaucratic headaches that come with the EEOC guidance.

McCracken says the extensive, footnote-laden document does little more than make running a business more difficult and more expensive.  He said employers don’t use background checks to exclude minority employees, as the EEOC alleges, but to provide a safe environment for their workers and their customers.

Camille Olson, an attorney appearing on behalf of the US Chamber of Commerce, testified that EEOC lawsuits have been “frivolous, unreasonable and without foundation.”  She says the EEOC’s guidance is flawed and has strayed from the agency’s core mission.

In May, EEOC Chair Jacqueline Berrien testified before the same subcommittee.  She was asked about the Senate Appropriations Committee’s directive to fix the confusion about the 2012 guidelines.  Berrien says they still have a month to produce those changes, and neither she, nor any other representative of the EEOC, appeared for this most recent hearing.


Illinois is about to add private employers to its Ban the Box regulations.  The “Job Opportunities for Qualified Applicants Act” is on Governor Pat Quinn’s desk.  There is little doubt the Governor will sign it since he has already banned criminal background questions from most state job applications. He did that by executive order in October 2013.

Illinois will now be the fifth state to ban the box for private employers.

The new law will require employment agencies and private employers with more than 15 workers to evaluate an applicant based on their job skills and qualifications before asking about criminal history.  State representatives have been working to get this passed since 2007.

Employment Background Investigations is a technology driven leader in domestic and global pre-employment background checks, drug testing, occupational healthcare 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 background screening company firm to hold an ISO 27001-2005 certification for information security and to be accredited by the National Association of Professional Background Screeners (NAPBS).

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.

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About the Author

Jennifer Gladstone

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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