Employment background screening is now the requirement of almost every organization and it is backup by different legislations. It has opened new opportunities to amend the previous legislations and introduce new legislations according to the world’s changing requirements. Just have a look over these 11 new federal, state, and local laws that can impact hiring in different organizations in 2022. Let’s explore these laws and make your organization complain to the standards.

Even though doing a full medical background check on each applicant can take some time, it is essential to carry them out since people’s lives and wellbeing are at stake and there is a constant need to reduce risk. Here are the pros of conducting healthcare background checks.

If you look around different organizations and hiring agencies, you may find different laws that regulate their hiring process. It is the responsibility of the human resource department and personnel to update the hiring procedures according to the latest legislation. Here is the list of 11 laws that can affect the background screening process around the globe. For compliance purposes, go through these laws and make your hiring process complaint to these laws.

Federal Laws & Regulations

The fair chance act makes companies responsible for asking candidates about their criminal records when offering them a conditional job offer. Companies cannot ask candidates about their criminal history before offering them job offers. In some cases, job duties are regarding national security, law enforcement, access to classified information, or employers are legally bound to ask about criminal history.

State and Local Laws

There are many states and cities where new regulations regarding fair hiring have been passed. Here are some regulations affecting drug screening.

Marijuana Screening
Connecticut

In Connecticut, as of July 1, 2022, it is not permissible for employers to take action against current employees or new job candidates based on pre-hire marijuana use. Usually, companies have written drug testing policies for their current employees, if they find any employee tests positive, they can take adverse action against him/her. A company can mention the reasonable suspicion that an employee has been found using cannabis use and showed impairment signs at work.

Virginia

In Virginia, from July 1, 2021, new protection in the form of HB 1862 came. It protects employees who use cannabis oil for Mediclinic purposes. This law does not allow employers to take action against existing employees or job candidates for lawfully using cannabis oil. This law provides an exemption to the employees when they have written certification from a practitioner. It would be used as proof that they are using cannabis oil for the treatment of a diagnosed disease.

Philadelphia

In Philadelphia, from January 1, 2022 employers are not allowed to ask for pre-employment marijuana testing. It is only permissible in jobs where supervision of children and vulnerable individuals is required. In jobs like Commercial driving, law enforcement and etc. In companies where such types of jobs are offered, employers can screen their current employees for marijuana use.

Fair Hiring Laws

Fair chance employment rules are being enacted in an increasing number of states and municipalities. Here are the most recent updates.

Louisiana

Employers cannot ask for or consider a candidate's police record or non-convictions when making employment decisions as of August 1, 2021. Employers can take a candidate's criminal history into account only if an individual evaluation shows that the background is directly related to the job requirements. If an applicant asks it in writing, employers must also disclose a copy of any background screening results utilized in the hiring process.

Maine

Companies cannot inquire about criminal background on initial job applications until October 18, 2021. People with criminal records cannot be told not to apply or that they will not be accepted in hiring process. However, if other federal or state laws mandate criminal background checks, reject applicants with criminal records, or prevent employers from hiring someone with particular criminal histories, there are exemptions.

Philadelphia

The Fair Criminal Record Screening Standards ordinance (FCRSS) in Philadelphia has been amended to include current employees, independent contractors, and gig workers beginning of April 1, 2021. On application forms or during interviews, the FCRSS forbids asking prospective employees about their criminal history. Criminal background checks can be conducted only after a conditional job offer has been made.

New York City

Employers must undertake all non-criminal background investigations before issuing a conditional employment offer, according to amendments to the New York City Fair Chance Act, which take effect on July 29, 2021. Only after the conditional offer has been made, criminal background checks and motor vehicle checks can be undertaken. Many employers presently do all screenings after making an offer, but the best practice moving forward is to break screenings into two stages.

Income History
Nevada

Nevada businesses will no longer be able to inquire about a job candidate's income history in order to make hiring or pay choices as of October 1, 2021. Employers cannot take that information into account, even if the employee offers it voluntarily.

As the background checks related regulation change continually, companies face obstacles due to the constant developments in state and municipal requirements. Keeping under consideration the legislative developments, we, at De RISC, keep updating our operational system to help you streamline your hiring process and stay compliant.

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