A U.S. District Court in California recently dismissed a job applicant’s disability discrimination claim regarding pre-employment marijuana testing. The ruling serves as a reminder to employers that they can, in fact, still condition an employment offer on the completion of a preemployment drug screening, including marijuana, in the state of California. According to Hire Image, this is no longer the case in Nevada, New York City, or Philadelphia (as of January, 2022). This is also regardless of the fact that California has legalized recreational and medical marijuana in the state. Additionally, California employers are not obligated to engage in an interactive process with the applicant before he or she submits to a pre-employment drug screening.

For more information on Medical or Recreational Marijuana, and whether they affect your state, visit the resource guide at the Hire Image Resource Library:

1. Background Screening Challenges Will Continue as a Result of COVID

Government, business, and education closures in 2020 due to the pandemic have significantly and negatively affected myriad industries including background screening. Industries will continue to be impacted into 2021.

Court closures remain in jurisdictions with increased COVID-19 cases. Some courts have restricted access to records or have placed time restrictions on obtaining them. While there are workarounds in some instances, these closures and delays often impact the timing of criminal searches.

Employment and education verifications are also affected in that many employers and educational institutions have staff working remotely…

Two recent stories in the news serve as a stark reminder of why we do what we do every day–to protect people.

In one of those stories, a convicted sex offender, Leroy Vance, was attempting to break into a woman’s Fairfield, California home through the doggie door. Thankfully, she was able to immediately call the police and when they arrived shortly thereafter, Vance fled on foot. When the police apprehended him, they discovered that not only was he trying to break into the woman’s home, he was also wanted for violating his parole on a drugs sales offense. …

The New York Legislature’s 2019–2020 State Budget includes a drastic increase to the Office of Court Administration (OCA) searches — from $65 to $95 per search. While the stated purpose of the increase is to fund the state’s indigent defense programs, it begs the question — is the state merely looking for more money or is there some underlying purpose to try to get employers to stop doing background checks? , along with many others have fought against this steep increase. Unfortunately, to no avail.

currently passes through a $68.00 fee, which includes the additional $3.00 OCA…

On Wednesday, January 29th, 2020, at 3:00 PM EST, will be hosting a FREE webinar: Background and Drug Screening: Identifying the Trends and Challenges Facing Employers in the Year Ahead

Join CEO Christine Cunneen and Seyfarth Shaw LLP Senior Counsel, Jennifer Mora to learn helpful information pertaining to the trends facing HR professionals as you look to improve your background and drug screening policies in the new year.

Subjects covered include FCRA updates, State and Local updates, Drug Testing and more.

This webinar is approved for SHRM PDC credit.

This webinar is approved for HCRI credit.

Stanford President Marc Tessier-Lavigne and Provost Persis Drell recently made an announcement that the University will now conduct reviews and verification’s on student athletes recommended by coaches at to confirm their athletic credentials. In the aftermath of the college admissions scam, a new protocol is in place where a “member of the executive leadership of the Athletics Department will be responsible for each of Stanford’s 36 varsity men’s and women’s sports and will review and confirm the athletic credentials of all recruits who are proposed by a coach to receive an athletic recommendation. …

The New Jersey Appellate Division recently held that an employee could bring a cause of action against an employer under the New Jersey Law Against Discrimination (LAD) when he or she uses medical marijuana and is not attempting to use it at the workplace. The court found that this is not in conflict with the state’s Compassionate Use Act mandate that employers do not need to accommodate medical marijuana users in the workplace. Wild v. Carriage Funeral Holdings, Inc.

The court looked at the legislative intent and found that while there was no intent to expand employee’s rights, there was…

In October, reported on the tragic story where a Florida woman was beaten to death by a home delivery worker contracted by Best Buy. Now, Florida legislators want something done to prevent this from happening again. On Tuesday, a bill called the “Evy Udell Public Safety Act,” after the Boca Raton woman who was killed, was filed in the Florida House of Representatives to require “home delivery service providers” who provide delivery services for a retailer to complete local and national criminal background checks for all home delivery workers. …

Detectives in Florida worked for years trying to capture Sondra Better’s killer. Despite the blood, fingerprints, and DNA he left behind, he seemed to disappear. That was until Todd Barket, 51, applied for a job a few months ago that required a background check and fingerprints at . His prints matched those the police submitted to a national database back in 1998, after the murder. Barket has since been arrested and now faces first degree murder charges.

This is yet another reminder of the many benefits of background screening at . Not only does it help protect employers…

Effective December 20, 2022: The federal government and its contractors are prohibited from asking about the criminal history of a job applicant prior to a conditional offer of employment at . President Trump recently signed the National Defense Authorization Act for Fiscal Year 2020 into law. This law includes The Fair Chance Act (“Act”) that becomes effective two years after the date of enactment, banning the box for the federal government. …

Hire Image

Hire Image is the leader in national and international background checks, drug testing, and verification services for US businesses. (888) 720–4473 (HIRE).

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