backgroundchecks.com Legislation and Compliance Update: OFCCP Directs Federal Contractors to Comply with EEOC Criminal History Guidance

On January 31, 2013, the Office of Federal Contract Compliance Programs (OFCCP) issued a directive providing information to federal contractors and subcontractors and federally-assisted construction contractors and subcontractors (contractors) and to OFCCP personnel about complying with federal non-discrimination laws.

backgroundchecks.com Legislation and Compliance Update: Maryland House and Senate Pass Law Prohibiting Employers from Requesting Social Media Passwords

The Maryland House and Senate have passed, and the Governor is expected to sign, a bill prohibiting employers from requesting log-in information for an employee’s or applicant’s personal online accounts. This includes social media log-in information.

Additionally, the bill prohibits employers from

taking, or threatening to take, disciplinary actions for an employee's refusal to provide such information; and
failing to hire an applicant for refusing to provide such information

Employers are still allowed to require employees disclose the necessary information for accessing a non-personal account or service that provides access to the employer’s internal computer or information systems. Furthermore, employers can conduct investigations based on personal accounts if they are trying to abide by securities or financial laws or regulatory requirements or if the employer is looking into unauthorized downloading of proprietary or financial information to a given website or web-based account.

Many other states have similar bills proposed and even more are expected to propose similar bills soon. For more details on the Maryland bills, please click here for the House Bill and here for the Senate Bill.

EEOC Issues Guidance on Employers' Use of Criminal History in Employment Decisions

The Equal Employment Opportunities Commission has issued new enforcement guidance on employers' use of criminal history in employment decisions. The Commission adopted the new guidance by a vote of 4 to 1 on April 25.

The new guidance and related documents are available on the EEOC's website at:

Industry and legal commentary on the new guidance has generally found that the guidance does not prohibit employers use of criminal history and does not pose severe barriers. Thus far, commentary notes that employers will need to review their policies and processes and raises concerns about potential conflicts between state laws and the EEOC guidance. These commentaries include:

Category: Compliance & Legislation