Compliance Bytes: Updates for your Global Screening Team [Episode #2]

Picture yourself running a hurdle race. You run for a while as quickly as you can and now face a hurdle on your way. You make a swift jump and cross that only to see another hurdle a few steps away. Isn’t this what global compliance is all about?

With new regulations sprouting every day and existing regulations evolving with amendments, global compliance sure becomes a complicated hurdle race.

The New ‘Re entry’ Law gives Employers the Clearance to Hire Workers with Criminal History.

The state of Kentucky has decided to implement a law that will take effect in July 2021, where employers will be allowed to hire qualified applicants with criminal records, leaving organizations free from fearing legal barriers and liabilities. House Bill 497 has decided to create a certificate program that will give employers relief from civil liability for hiring an ex-offender trained for a particular job.

HB497, passed by the Legislature in Kentucky in March 2021, requires the Department of Corrections (DOC) to issue ex-offenders with documentation of their criminal history, institutional history, and an employability certificate. The law also insists the DOC provides support in preparing job resumes.

The goal is to enhance the ability of formerly imprisoned people to get job opportunities once they are in the community, thereby aiding in their rehabilitation and reintegration. Governor Andy Beshear signed the bill on April 5, 2021, after the Kentucky Legislature unanimously passed it in late March.

Illinois revamps its Ban the Box Law:

At the outset, when Illinois introduced the Ban the Box law in 2015, signed by Governor Pat Quinn, the law prohibited employers from asking about an employee’s criminal background during the recruitment process.

Illinois Governor J.B. Pritzker signed The Employee Background Fairness Act (Senate Bill 1480) to add a new section to the Illinois Human Rights Act (IHRA) on March 23, 2021, that will impact employers under the state’s Ban the Box law and restrict them from discriminating against any job applicants based on their criminal records. Under this new law, employers in Illinois can no longer disqualify a job applicant/employee with a conviction record unless there is a ‘substantial relationship’ to the job.

Individuals who believe they are being discriminated against at work or at a job interview due to their conviction record can now file a charge of discrimination with the Illinois Department of Human Rights (IDHR). In a nutshell, this law focuses on ensuring everyone in Illinois is treated with respect and dignity, irrespective of their past.

To know how your organization should proactively screen candidates while adhering to current and upcoming regulations, get in touch with our dedicated screening experts. They will be more than happy to explain how our screening solution can help you with that.

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