Legislative Alert - July 9, 2015: NAACP Sues, Mini-FCRA Law In Effect
NAACP Suing Employers Using Online Hiring Services
Employers in New York are getting slammed for allegedly evading New York law by using online recruitment companies like Monster.com, ZipRecruiter, tweetmyjobs.com and others.
According to the NAACP, companies that stated they are seeking employees with “zero felony convictions” are skirting New York City and state laws that bar businesses from refusing to consider former convicts for jobs. The NAACP says more than half of New York’s prison population is black, and such hiring practices keep black workers out of the workforce.
Four companies are named in the suit so far. They are electronics maker Koninklijke Philips, pest control company Advance Tech, IT consultant NTT Data and data management firm Recall Holdings, Ltd. The NAACP says they expect to add more than 100 defendants to the complaint. Monster, ZipRecruiter and Indeed are also listed as defendants.
Mini-FCRA Law Now in Effect in Georgia
On July 1, 2015 a new Georgia law took effect that regulates Consumer Reporting Agencies (CRAs) that conduct business in the state. The new law provides Georgia consumers protections related to the compilation and utilization of their consumer report. The law closely parallels the federal FCRA, but gives employees recourse within the state government.
Pennsylvania Background Screening Law Clarified
Pennsylvania Governor Tom Wolf signed new legislation that clarifies which volunteers must undergo the background screening that was mandated by the Child 2014 Protective Services Law, also known as PA Act 153. The law, which was passed in response to the Jerry Sandusky sex scandal, originally said all individuals who work or volunteer with children must submit to a fingerprint based background check.
Schools and organizations struggled to determine who was included. In June, the state House tried to address the ambiguities with PA House Bill 1276 which required screening only for those with “direct and routine interaction with children.” The state Senate amended the House bill to require only those volunteers who supervise, guide or are in control of children or have “routing interaction” with children to get the background screening.
The bill also extends the background certification renewal period from three years to five to ease the financial and administrative burden on organizations.
The changes are retroactive to July 1, 2015.
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