background legislation

Pennsylvania Governor approves clarifications to background checks

child-protective background checking law. Despite the original law’s intention to protect children from sexual predators by requiring volunteers to undergo criminal history and state police background checks, there was much confusion regarding who the law should apply to, and which types of jobs required mandatory screening. “We thought we’d been specific … giving kind of…

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Colo. lawmakers introduce volunteer background checking bill — again

In March, we shared that Colorado lawmakers had voted to kill a bill that would protect children involved in youth sports organizations from child predators. The bill sponsors said that employees, coaches and volunteers associated with extracurricular youth sports groups should have to undergo background checks, but the bill was rejected because the Colorado Senate…

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This critical new bill to protect children in Colorado has just been rejected

The first state bill to require youth sports organization employees and volunteers to undergo background checks has failed. Colorado’s Senate Judiciary Committee voted 3-2 to kill the bill after it was determined that the proposed checks would not do enough to prevent sexual abuse in youth sports. Extracurricular sports clubs — that is, those that…

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EEOC bills discussed at hearing, in attempt to promote greater transparency, accountability

some witness expressed concerns about the Equal Employment Opportunity Commission’s enforcement actions at an oversight hearing in June, the Subcommittee on Workforce Protections arranged a hearing last month to review three potential new pieces of legislation that would affect how the EEOC can enforce and regulate businesses that are trying to comply with state and…

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Ride-sharing insurance bill, background screening bill have different fates

While ride-sharing services Lyft and Uber have withdrawn their opposition to a newly introduced bill requiring large amounts of insurance on drivers without passengers, for a brief moment the two competitors put aside their differences and became allies against California’s proposed bill AB 2293. In its original form, AB 2293 — which was proposed by…

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Maryland legislators consider reintroducing doctor background check bill

After former Maryland M.D. William Dando had his medical license suspended following allegations of sexual assault, the state is now considering re-visiting legislation that would require all healthcare providers, including doctors, to undergo background checks. Maryland is one of only 13 states that does not currently require background checks on doctors. The state had considered…

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Avoid EEOC lawsuits with smart pre-employment background screening practices

revised and re-released in 2012. In 2013, the EEOC filed 131 lawsuits, including suits against Dollar General and BMW. “We have an obligation to move beyond the ‘safe’ cases, and to identify and address less familiar discriminatory barriers emerging from changes in the economy, technology and demographics,” said P. David Lopez, the EEOC’s General Counsel.…

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Utah bill to preclude criminal history on employment background checks

Utah legislators in the state House of Representatives have voted to approve a bill that would prevent pre-employment background checks from turning up potential employee criminal history records unless the candidate was convicted. SB145 states that criminal history records may not be disseminated to potential employers if they contain charges that have been dropped. If…

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Mass. bill to repeal checks on pepper spray

Legislators in Massachusetts have introduced a series of bills to eliminate restrictions and licenses for those who wish to purchase pepper spray. Currently, the licenses and background checks that are required to purchase pepper spray are the same as those required to purchase firearms in the state. The state is working on stricter legislation to…

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Job posting compliance with anti-discrimination laws

Immigration Compliance Insights. You may have heard different variations of these questions and I always urge extreme caution to employers when using any such wording as such language could run afoul of the anti-discrimination provisions of the Immigration and Nationality Act (INA), specifically section 274B. These provisions prohibit hiring, firing, recruitment or referral for a fee, as well as…

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