NAPBS 2018– An Opportunity for Advocacy

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The National Association of Professional Background Screeners (“NAPBS”) recently held its annual 2018 Mid-Year Legislative and Regulatory Conference in Washington, D.C. While the conference provides educational opportunities that focus on best practices for background screeners, the most impactful activity occurs on advocacy day, when NAPBS members meet with members of Congress and their staff.

HireRight strongly believes in legislative advocacy. By actively participating in the legislative process, we hope to better understand issues affecting employers and our industry, and to shape a better candidate experience.

Four members from the HireRight team spent time advocating on behalf of NAPBS. In our meetings, we focused on two key measures being considered by lawmakers.

Certainty in Enforcement Act, H.R. 1646

H.R. 1646 exempts employers from a claim by the Equal Employment Opportunity Commission (“EEOC”) that their hiring practices are discriminatory or otherwise create a disparate impact when an employer is subject to a state or local requirement to consider or potentially exclude a candidate from hire based on their credit or criminal history.

Regulated employers are placed between a rock and a hard place when it comes to compliance – Do they comply with the regulation, or do they comply with anti-discrimination laws?

For example, a number of states require home health care providers to conduct background checks on prospective employees and prohibit home health care providers from hiring individuals with certain criminal backgrounds. However, companies following these state laws may still be subject to an enforcement action by the EEOC or another lawsuit under a theory of disparate impact.

This is a common sense measure that’s been considered over the course of several congresses, but has had trouble getting to the finish line.

Data Acquisition and Technology Accountability and Security Act

Employers in the U.S. must comply with a patchwork of state level data breach and security laws. While the laws are robust and well-intentioned, most differ significantly with respect to breach notification. As a result, employers are forced to navigate their way through a labyrinth of incongruent laws. The intent of this act is to provide a single federal standard to address the responsibilities of a company when acquiring consumer data, maintaining that data, and to address processes that must be followed when that data is compromised. Advocates for this Act want it to pass because it will offer candidates a national standard regarding the security of their data, and will define an employer’s obligations under that standard.

HireRight is a proud member of NAPBS. The opportunity to advocate on behalf of our industry and employers is a tangible way to address issues that impact the hiring process. As one of the world’s largest background screening firms, we are privileged to serve our clients and help get candidates hired.

Alonzo Martinez

Alonzo Martinez is Associate Counsel, Compliance at HireRight. Mr. Martinez is responsible for monitoring and advising on key legislative and regulatory developments globally affecting HireRight’s service delivery. His work is focused on ensuring HireRight’s performance as a consumer reporting agency and data processor complies with relevant legal, regulatory, and data furnisher requirements. Mr. Martinez obtained his Juris Doctorate from the University of Colorado, and is licensed by the Supreme Court of the State of Colorado. He is a member of the Colorado Bar Association Employment Law Division, the Association of Corporate Counsel, and the National Association of Professional Background Screeners.

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