Last year seemed to fly by, but there was plenty of time for lawmakers to make updates to existing laws regarding background checks.
Earlier in the year ASE shared information on the pending law that would redact dates of birth from court records. The law, that was to take effect July 1, 2021, was postponed until January 1, 2022. This change would have made it difficult, if not impossible, to conduct criminal record checks in the State of Michigan.
As more and more states make the use of cannabis being legal, for medical or recreational use, employers have been challenged with making policies that will best protect the company while still allowing them to fill positions.
ASE is a member of the Professional Background Screening Association (PBSA). Recently, the PBSA, along with the HR Research Institute, completed a research report, “Background Screening: Trends in the U.S. and abroad 2021.” Of the responding employers with locations in the U.S., 95% stated that their company does some type of background screening, and 77% of those companies have a documented screening policy.
Back in June we were gearing up for the new identifier redaction policy that was to go into effect in Michigan on July 1st. This policy would have caused dates of birth to be redacted from court records before those records could be provided to the public. It would also have prohibited court clerks from using date of birth in searches and from verbally verifying dates of birth.
Are you experiencing pandemic brain fog? This may sound funny, but the isolation of the pandemic lock down has a large number of people experiencing memory loss. In fact, research by Catherine Loveday, a cognitive neuroscience professor at the University of Westminster showed that up to 50% of people are having memory issues with things such as trying to remember words when talking.
A Michigan Supreme Court decision will make it difficult for employers to run background checks on applicants effective July 1, 2021. The court has ordered that birthdates and other personal information are to be redacted for court records.
Back in September of 2018, then Governor Rick Snyder enacted a ban-the-box law that removed questions about criminal history from Michigan’s employment application, and he encouraged private employers to do the same. This came after he signed a bill in March of the same year limiting the ability of city and county governments to enact ban-the-box laws when it comes to private employers. Indiana enacted a similar law the year before.
This is the last installment in the list of locations which have laws restricting the use of credit checks in employment decisions. Keep in mind that laws are constantly changing, and new laws can be enacted at any time.
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