Screening News Network Update – March 20, 2015
Learn more about this and other screening news topics in this week's EBI Screening News Update.
Will West Virginia Drug Test Aid Recipients?
Some lawmakers in the state of West Virginia want to start a pilot program to test welfare recipients for illegal drug use. The proposed bill would require reasonable suspicion for illegal drug use like missed appointments, arrests or failed drug screening at work.
At least 12 states have passed similar laws, but their results have been questionable.
The West Virginia bill is now in the state’s Senate Judiciary Committee.
Neiman Marcus Back in Court
Neiman Marcus customers are trying to breathe new life into a class action lawsuit against the luxury retailer.
The plaintiffs are seeking damages after more than 350,000 credit card numbers were stolen in a 2013 cyber-attack. Last fall, a District judge dismissed the case for lack of standing. He said plaintiffs were being reimbursed for any unauthorized charges, so they have no sufficient injury.
Last month the Seventh Circuit Court of Appeals heard new oral arguments that accuse the retailer of cutting corners in its cyber security. The suit alleges Neiman’s could have prevented or mitigated the breach that exposed customers to fraudulent charges and an increased risk of identity theft.
Massage Therapists Say Background Checks are a Pain
All licensed massage therapists in the state of Florida must now undergo a criminal background check in order to stay in business. The mandate went into effect on January 31st. Lawmakers say it is designed to catch human traffickers and stop the use of so-called “massage parlors” to traffic sex workers.
An emergency order will suspend the license of any massage therapist who was convicted or pleaded guilty to a range of felonies, including sexual battery, kidnapping and lewd and lascivious behavior.
Therapists will be required to pay $80-$120 for the screening.
Ban the Box News
On March 1st, New Jersey became the latest state to Ban the Box… prohibiting employers from asking about a job applicant’s criminal history at the beginning of the hiring process.
The “Opportunity to Compete Act” applies to public and private employers with 15 or more employees. As of March 1st, job applications could no longer ask if an applicant has been convicted of a crime. Employers may not address this question until after an applicant’s first interview.
New Jersey is the 12th state to enact Ban the Box legislation.
On the other side of the coin, a Ban the Box bill fails in Virginia. The State Senate passed the measure, but it was killed almost immediately when it reached the House of Delegates. The measure isn’t gone for good. Delegates say they want to rework the language to help employers who are concerned about negligent hiring lawsuits. They hope to craft and pass a new law by 2016.