In the ever-evolving landscape of employment law, staying updated with the latest regulations is crucial for employers conducting pre-employment background checks. With new laws and guidelines emerging in 2024, understanding these changes can help businesses remain compliant and avoid potential legal pitfalls. This article highlights the most recent legal updates affecting pre-employment background checks.
1. Cannabis Use and Drug Testing
Several states have introduced new laws affecting how employers handle cannabis use and drug testing in pre-employment screenings. In California, AB 2188 and SB 700, effective January 1, 2024, make it unlawful for employers to discriminate against employees for off-duty cannabis use or for positive drug tests that detect non-psychoactive cannabis metabolites (National Law Review) (Hiring To Firing Law Blog). Washington has implemented similar regulations, restricting employers from making hiring decisions based on off-duty cannabis use or drug test results that show non-psychoactive cannabis metabolites (National Law Review).
2. Clean Slate Laws
Clean Slate laws, which aim to automatically expunge certain criminal records, are gaining traction to help reduce employment barriers for ex-offenders. States such as California, Colorado, Connecticut, Delaware, and New York are implementing or expanding Clean Slate laws in 2024, enabling courts to automatically clear eligible criminal records after a specified period (National Law Review) (Hiring To Firing Law Blog). These laws differ from “Ban the Box” laws by completely removing certain criminal records to aid fair chance hiring (CIPD).
3. Form I-9 Changes
The U.S. Citizenship and Immigration Services (USCIS) has introduced a simplified Form I-9 for verifying employee eligibility to work in the U.S. Employers using E-Verify can now review documents remotely via video call, a significant change from the previous requirement of physical document examination (California Labor Law). This update aims to streamline the compliance process for employers.
4. EEOC Guidance on AI in Hiring
The Equal Employment Opportunity Commission (EEOC) has released updated guidance on the use of artificial intelligence (AI) in employment decisions. This guidance, issued in May 2023, addresses potential biases and ensures compliance with Title VII of the Civil Rights Act (Venable LLP). Employers are encouraged to evaluate AI systems to avoid unintentional discrimination and adhere to the new regulations.
5. Updated FCRA Summary of Rights
The Consumer Financial Protection Bureau (CFPB) has updated the “Summary of Your Rights Under the Fair Credit Reporting Act” form, which employers must use from March 20, 2024 (Venable LLP). This update includes changes to federal agency contact information, ensuring that the form remains current and informative for applicants.
Staying compliant with the latest legal updates in pre-employment background checks is essential for all employers. With new regulations on cannabis use, Clean Slate laws, Form I-9 procedures, AI in hiring, and FCRA guidelines, navigating these changes can be challenging. By partnering with SELECTiON.COM®, employers are equipped with the necessary tools to ensure their background check processes are accurate. It is important to emphasize that SELECTiON.COM® does not provide legal advice or services that enhance the legal standing of employers’ processes.
For more information on how SELECTiON.COM® can assist with your background check needs, visit our website or contact us today.
This article gives a general overview of legal matters. However, it is your responsibility to ensure compliance with all the relevant federal, state, and local laws governing this area. SELECTiON.COM® does not provide legal advice, and we always suggest consulting your legal counsel for all applicant approval matters.
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