April 03, 2014

Written by Heidi Seaton - VP, Operations and Compliance

Equal Employment Opportunity Commission and Federal Trade Commission offer joint guidance to Employers regarding Background Screening

In March the EEOC and the FTC published “Background Checks: What Employers Need to Know” regarding the use of background screening reports in the employment context. The guidance is posted on the Consumer Financial Protection Bureau site, here. The document is a joint effort and covers items that employers should consider before implementing a background screening policy, how information included in a background report may be used by employers, and how employers should dispose of background reports. As would be expected, the EEOC sections focus steps to prevent employment discrimination, and include consideration of topics not traditional related to background screening reports, like medical and genetic information. The FTC sections are fairly narrow and focus on considerations of employers receiving background reports from “a company in the business of compiling background information,” topics related to the federal Fair Credit Reporting Act.


The foregoing is not legal advice, either expressed or implied. We recommend you seek the advice of your corporate legal counsel for all aspects of employment law.

March 07,  2014

Written by Heidi Seaton - VP, Operations and Compliance

Case to Watch: Employer Drug Test Policy considerations in States that have Legalize Marijuana

Employers in states that have legalized medical marijuana will be closely watching the outcome of Coats v. Disch Network, LLC. The Colorado Supreme Court recently decided to review the 2013 appellate court decision that held that Colorado employers may lawfully terminate an employer for off-duty marijuana use, even if the employee was not impaired while at work. The appellate decision hinged on their finding that since marijuana remains illegal under federal law, its use is therefore not “lawful” under Colorado’s “Lawful Activities” statute. The appellate decision is here: http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2013/12CA0595%20&%2012CA1704-PD.pdf.
The future Colorado Supreme court decision could have a broad impact on employers and employer drug test policy makers.


The foregoing is not legal advice, either expressed or implied. We recommend you seek the advice of your corporate legal counsel for all aspects of employment law.

March 07, 2014

Written by Heidi Seaton - VP, Operations and Compliance

Have you thought about your Authorization and Disclosure Form lately?

Orange Tree was recently asked to contribute an article on the iCIMS Hire Expectations Institute site. A link to the article is here: http://www.icims.com/hire-expectations-institute/for-employers/hiring-the-right-candidate/article_have-you-thought-about. We’ve observed an up-tick in litigation around the employer’s process to make disclosures and get authorization before procuring a consumer report, and especially around the form and content of those disclosures. Read the article for a full discussion.


The foregoing is not legal advice, either expressed or implied. We recommend you seek the advice of your corporate legal counsel for all aspects of employment law.

Orange Tree Employment Screening understands the need to stay up-to-date on the latest changes to the laws, regulations and best practices as they apply to your employee screening program.

Click here for general educational materials regarding employers responsibilities under the Fair Credit Reporting Act.

Click here for information regarding a state Credit Information restrictions.

Click here for information regarding state and local Ban the Box initiatives.

Click here for information regarding E-Verify and state specific requirements and limitation.

Click here to see compliance notes from 2010.

Click here to see compliance notes from 2011.

Click here to see compliance notes from 2012.

Click here to see compliance notes from 2013.