Legislative Alert - Friday, March 3rd, 2017: Shipping Company Takes a Spill with FCRA Violations

2 min

Legislative Alert - Friday, March 3rd, 2017: Shipping Company Takes a Spill with FCRA Violations

Screening News

  • UPS Facing Big FCRA Allegations
  • Protecting Recreational Marijuana Users in the Workplace?
  • But the Administration Might Change Everything…

UPS Facing Big FCRA Allegations

If a class action lawsuit is successful, it could cost UPS a lot of money in fines and policy changes. The country’s largest package mover is being accused of making employment decisions based on background reports -- allegedly without following any of the Adverse Action Procedures laid out in the Fair Credit Reporting Act (FCRA). Plaintiff John Riley says he was turned down for a job with UPS because of the results of his background check. Riley says he was never given a copy of the report or time to correct any mistakes, nor was he informed of his rights under the FCRA. According to the complaint, UPS doesn’t just skip Adverse Action when making hiring decisions, but also uses the information to fire people, demote them or cut their hours. The suit seeks to represent a nationwide class of UPS employees as well as prospective employees who had adverse information used against them without proper notice.

Protecting Recreational Marijuana Users in the Workplace?

The Oregon State Senate is taking up a bill that would prevent employers from firing workers solely for using recreational marijuana during their time off. Those in support of the bill point to the fact that marijuana can show up in drug tests for weeks after the effects have worn off, so firing someone for failing a drug test would be like firing them for having a beer on Friday night, even though they were completely sober all week on the job. Those fighting against the change say the bill violates federal law, which still considers marijuana to be a Schedule I controlled substance. The bill would still allow workers to be fired if their work performance suffered from their recreational activities. It would not apply to those in safety positions that require them to be completely drug free. If passed, the law would be the first of its kind.

But the Administration Might Change Everything…

As states continue to struggle with how to manage legalized marijuana, President Trump’s administration might be preparing to push back. Last week White House Press Secretary Sean Spicer said the Department of Justice will be “taking action” against states that have legalized recreational marijuana. Spicer said, “There’s a big difference between [medical] and recreational marijuana.” He said the president understands how much the drug can help some very sick people, but likened recreational use to the opioid crisis the country is currently fighting.  Spicer said he expects the see the DOJ to pay more attention to the issue in the near future.

Employer Guide to Adverse Action

 

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