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Conspicuous but not Clear Violates FCRA
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If your company uses a third-party vendor or other "consumer reporting agency" to obtain background reports (criminal, credit, employment history, education, etc.), ensure you are providing proper notices.
The federal Fair Credit Reporting Act (FCRA) requires employers who obtain a consumer report on a job applicant (or employee) to provide the applicant with a “clear and conspicuous disclosure” giving the employer permission to obtain the report. That notice must be “in a document that consists solely of the disclosure” (the “standalone document” requirement).
Many states have laws that require similar notice(s).
In a recent case, the prospective employer failed to meet either requirement.
Why
? The employer included notice required under the state law in the same document as the FCRA notice. Thus, the FCRA notice was not a "stand alone" document. Because of the extraneous information, the court also held that the information was conspicuous, but not clear - strike #2!
Gilberg v. California Check Cashing Stores, LLC
Lessons Learned
: Get it right. If you use a third party, consumer reporting agency to obtain these reports ensure they are familiar with state as well and the federal FCRA disclosure and notice requirements. Check your contract with them to determine if they provide defense costs if the notices, they provide for you are legally challenged.
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Discriminating Against the Absence of a Thing
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The
February
and
January
editions of this newsletter included news dealing with religious discrimination. Title VII of the Civil Rights Act of 1964 and many state laws prohibit discrimination based on religion. But what about individuals who have no religious affiliation or do not believe in a god? Are they protected under the law? They are in Portland, Oregon, which just adopted a measure to provide civil rights protection to such individuals.
The report
notes that Madison, Wisconsin is the only other local jurisdiction in the U.S. to take such action. Lessons learned? (1) Ensure you are keeping up-to-date on not just federal laws that impact your employment practices, but state and local laws, too. (2) When you train your managers on employment law basics, remember that sometimes the absence of a thing has the same protection as the thing, itself. (3) If you missed the January webcast and want to learn more,
click here
to register for the archived program, "
When Worlds Collide: Religion & Faith in Today's Workplace
." Still provides 1.25 HRCI and SHRM credits.
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OSHA E-Filing Requirement
- Now that you have posted your OSHA 300A summary (see
February newsletter
), ensure you filed the electronic report (deadline was March 2nd). To determine if you have to file,
click here
EEO-1 Filing Deadline
- has been extended to May 31st. As of this writing, the e-form is not yet available or open on-line.
Click here
and you may want to bookmark this site, check periodically and prepare to file, if you are required to do so, when it opens. If you are not sure if your company is required to file this report,
click here
for FAQ's.
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Last month we asked, "If you are required to and fail to post the OSHA Summary Log, how much is the maximum monetary penalty?" Do you think it's:
64% of the survey respondents got it right:
$13,260
! If you participated in this survey, you were automatically entered in a drawing to win a free registration to a FiveL monthly webcast. We have a winner!
Congratulations Tracy!
And, thanks to all for participating!
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A SHRMStore
Great 8 Best-Seller
8 Years in a Row
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Thank
YOU
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Upcoming Events, Seminars & Presentations
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- Wednesday, March 27th - "Substance Use, Abuse & Testing'" - Monthly webcast, Click here for more information or to register.
APRIL SNEAK PEEK
- Monday, April 8th - "Can We Do That?! Recruitment, Selection & Hiring Tips & Traps," Nashville, TN
- Monday, April 8th, "Are You My Employer? Redefining Employer-Employee Relationships," Nashville, TN
- Thursday, April 11th - "Maryland 2019 Legislative Wrap Up - What Employers Need to Know," Owings Mills, MD
- Friday, April 26th - FiveL's 13th Annual, "Employment Law, Legislative & Regulatory Update" Columbia, MD.
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This publication does not constitute the rendering of legal advice. You should consult your company's legal counsel for guidance on any matter.
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