Legislative Alert - Friday, May 5th, 2017: Hoosiers Say No-No to Fake Pee-Pee
- Hoosiers Say No-No to Fake Pee-pee!
- Another Large FCRA Settlement
- New Background Screening Laws in California
Hoosiers Say No-No to Fake Pee-pee!
It will soon be illegal to buy synthetic urine in the state of Indiana. It is already illegal to use such products to beat a drug test, but now state lawmakers are going after the suppliers. Once the newly passed legislation is signed, it will be a Class A misdemeanor to sell, market or transport fake urine. There is concern that people will just turn to the internet to get supplies, but lawmakers hope banning the substance will encourage people to get the help they need if they are using illicit drugs.
Another Large FCRA Settlement
Global staffing company Kelly Services has agreed to settle an FCRA class action lawsuit. The three named plaintiffs accused the company of including illegal liability waivers in their background screening disclosure document. The suit targeted two different sentences that released Kelly from any liability in connection with the use of the consumer report. These sentences stated that the disclosure was not a contract, and that the candidates, if hired, would be at-will employees. The company denied any wrongdoing, but settled the case to avoid costly litigation. Preliminary agreements showed Kelly paying out $6.7 million. More than 221,000 class members will get between $14-$41 apiece.
New Background Screening Laws in California
New regulations from California’s Department of Fair Employment and Housing (DFEH) that limit employers’ rights to not hire applicants with criminal histories will soon go into effect. According to the regulations, employers will not be able to use criminal background check information if it can be proven to create a disparate impact on a protected class. Those classes include race, gender and national origin. In order to use criminal history to make employment decisions, employers must show why the information is a business necessity or demonstrate why they must have a “bright-line” policy of disqualifying anyone with a record. California employers should do a review of their background screening policy ahead of the July 1st implementation date.