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Virginia's Password Protection Law Continues the Trend Toward Increasing Legislative Protection of Personal Online Accounts

As many state legislatures open their 2015 sessions, Virginia has become the first this year — and most likely not the last — to continue the legislative trend towards protecting applicants' and employees' personal online accounts.  As the 19th state to enact password protection legislation, Virginia has added even more complexity to the patchwork of state law restrictions on such access. Governor Terry McAuliffe signed H.B. 2081 into law on March 23, 2015, and the new law becomes effective on July 1, 2015.  In keeping with Virginia's reputation as...

Hawaii Supreme Court Considers Medical Center's Decision to Reject Job Applicant with Felony Drug Conviction

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its updated enforcement guidance concerning how, in its view, Title VII of the Civil Rights Act of 1964 (Title VII)  restricts an employer's discretion to consider criminal records relative to employment decisions.  Even before April 2012, and since that time, the EEOC has filed lawsuits against a handful of employers challenging employer screening policies that the EEOC maintains disproportionately affect protected class members (known as "disparate impact" discrimination claims). While many...

DC Bill Would Bar Pre-Employment Marijuana Testing

The District of Columbia is considering legislation that would bar employers from conducting pre-employment marijuana testing, except as required by law.  The bill—Prohibition of Pre-Employment Marijuana Testing Act of 2015—is scheduled to be discussed at a public hearing on Monday, February 9, 2015.  The District of Columbia City Council recently passed the “Prohibition on Pre-Employment Marijuana Testing Temporary Act of 2014," which will temporarily prohibit pre-hire marijuana testing until after an individual has been extended a conditional offer of...

Illinois' Newly Amended Eavesdropping Statute Poses Challenges for Employers

Illinois' controversial eavesdropping statute was finally amended, effective December 30, 2014, to replace the version of the statute that the Illinois Supreme Court struck down as unconstitutional in March 2014.  The amended statute attempts to remedy the constitutional infirmities identified by the Illinois Supreme Court. Most significantly, the amendments narrow the statute to permit recording of conversations in public places, such as courtrooms, that no person reasonably could expect to be private.  The challenge for employers, especially in an era when surreptitious audio...

Ringing in the New Year with Four Ban-The-Box Laws

With the start of 2015, new ban-the-box laws became effective in Illinois, the City of Chicago, and Montgomery and Prince George’s counties in Maryland. Ban-the-box laws prohibit questions about an applicant's criminal background on employment applications and often include additional restrictions on inquiries by employers into criminal history. Illinois’s Job Opportunities for Qualified Applicants Act, which became effective on January 1, prohibits covered employers from inquiring into the criminal history of an applicant until after the applicant has been determined to...

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Format: 2015-03-30
Format: 2015-03-30