Compliance Resources
Federal, State, and Local Restrictions
Please use the link below to find information pertaining to compliance issues ranging from Ban-The-Box legislation to FCRA and state-specific forms.
San Francisco Provides More Concise Fair Chance Ordinance Notice
Employers in the City or County of San Francisco are likely already familiar with the San Francisco Fair Chance Order (“FCO”), which took effect on October 1, 2018. As part of the FCO, covered employers are required to post a mandatory notice regarding the ordinance. The City and County of San Francisco updated the poster to provide a more concise summary of the ordinance. No changes have been made to the law’s requirements. Employers who are subject to the FCO should update their procedures to include the updated FCO notice.
The updated notice is available here: https://sfgov.org/olse/sites/default/files/FCO%20poster2020.pdf
Retailer Agrees To Consent Decree With EEOC For Alleged Background Screening Discrimination
Bright-line rules may seem convenient but beware if you use any type of bright-line rules in your criminal background screening programs
In 2012 the EEOC provided guidance on how to treat arrests and criminal convictions in order to address the disparate impact that they can have on minorities… Read More
A Change Years In The Making: SAMHSA Approves Oral Fluids Drug Testing
SAMHSA will now permit oral fluids drug testing and has provided guidelines for the collection and testing of saliva
A big change is coming to the world of employment-related drug screening. The Substance Abuse and Mental Health Services Administration (SAMHSA) previously allowed only urine drug testing under its guidelines for federally regulated workplaces… Read More
New FMCSA Drug And Alcohol Clearinghouse Impacts Employers
The Secretary of Transportation, at the direction of Congress, has established the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse.
The secure online database will be available starting January 6, 2020, and will keep real-time records of drivers’ drug and alcohol program violations… Read More
Circuit Court Hands Down Win For Court Researchers
Arkansas Court Clerk Ordered to Fulfill FOIA Request by NAPBS Member Courthouse Concepts
In a victory for court record researchers and consumer reporting agencies (CRAs), the Circuit Court of Pulaski County Arkansas, Second Division, granted Summary Judgement in favor of the National Association of Professional Background Screeners (NAPBS) on a case against Jennifer Jones in her official capacity as the Clerk of the District Court of Benton County, Arkansas, Bentonville Division… Read More
Circuit CourDistrict Courts: Independent Contractors Not Protected By The FCRA
Courts Hold Independent Contractors Are Not Employees under FCRA Extended Protections for Employees and Employment Applicants
The United States District Court for the Northern District of Georgia has adopted a magistrate judge’s determination that the “the common law meaning of employment… does not include independent contractors” and independent contractors are therefore not extended the same protections… Read More
Client Audits
Please note that AccuSource is currently selecting active clients at random for auditing purposes. Our goal is to ensure FCRA compliance per section 3(a)(iv) and 3(a)(v) of our User Certification. Therefore, active clients are randomly selected no more than one time annually (unless found to be non-compliant) to ensure all appropriate authorization and disclosure forms have been filled out by their candidates prior to a background check being initiated.
3(a)(iv) – Disclosure to Applicant or Employee:
User shall provide Applicant, Volunteer, Contractor, or Employee with a clear and conspicuous disclosure, in writing, that the consumer report will be obtained for Employment / Volunteer purposes and such disclosure shall be contained in a document containing only such disclosure. User shall provide Applicant, Employee, Contractor or Volunteer such other disclosures as required by the FCRA and other applicable state and local laws for the type of report requested, including all disclosures which are required before requesting that AccuSource, Inc. prepares the Screening Report, and before taking any adverse action based in whole or in part upon any information contained in the Screening Report.
(a)(v) – Written Authorization from Applicant or Employee:
User shall obtain from the Applicant, Employee, Contractor, or Volunteer a written authorization to obtain and use the Screening Report as required by the FCRA and all other applicable state and local laws. A standard disclosure and authorization form is available from AccuSource, Inc. for these purposes. The User will maintain copies of all written authorizations for a minimum of six (6) years from the date of inquiry or as long as the individual works for the user if longer. Users may be required to surrender a copy of written authorization by applicant/employee/contractor or vendor to AccuSource for auditing purposes.
