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Compliance News Flash - June 30, 2017

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, brought to you each Friday. This weekly update is your source for timely background screening and immigration-related news that is important to your organization.

  1. This week the U.S. Supreme Court ruled to allow partial implementation of President Trump’s ban on travelers from six Muslim-majority countries and said they would give full consideration to the matter during its October term to determine the legality of the President’s executive order. While allowing the Administration to implement portions of the executive order, the Court narrowed the scope of the travel and refugee bans. Although scaled back, the travel ban will be enforced against nationals of Iran, Libya, Somalia, Sudan, Syria and Yemen but only in certain instances. The Court’s decision states that citizens from the six majority-Muslim countries who lack any “bona fide relationship with a person or entity in the United States” are banned for the 90-day period. Said differently, the Court states in its opinion that the travel ban “may not be enforced against foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States.” This presumably means that those with a visa to travel to the United States to study or work, even if from one of the six countries, are able to apply for or renew a visa and travel to the United States. Due to a memorandum issued by President Trump earlier in June, the Administration will begin implementation of portions of the executive order within 72 hours of the injunctions being lifted or stayed. The Court granted the government’s applications to stay the injunctions issued by the federal courts in the Fourth and Ninth Circuits. For the latest guidance from the Department of Homeland Security on what the Court’s decision means click here

  2. Quick fix for political junkies. Summertime in Washington, D.C. can mean pretty much nothing gets done up on Capitol Hill. If you are wondering what’s going to happen with tax reform, infrastructure, healthcare, immigration and so on you will likely have to wait until the Fall. The July Fourth recess has started, as both chambers are out of session. And then, when lawmakers return the week of July 10 Congress will have a work period of only three weeks before the month-long August recess begins. It might be fair to say, don’t expect too much from Congress until the Fall. 

  3. A reminder for California employers that California’s Department of Fair Employment and Housing regulations go into effect next month. The regulations restrict employers ability to consider criminal history information when making employment decisions and could lead to violations of California’s Fair Employment and Housing Act (FEHA). The effective date of the regulations is July 1, 2017. The Final Statement of Reasons states that the FEHA “prohibits employers from utilizing criminal records and information in employment decisions if doing so would have an adverse impact on individuals on a basis enumerated in the Act that the employer cannot prove is job-related and consistent with business necessity or if the employee or applicant has demonstrated a less discriminatory alternative means of achieving the specific business necessity as effectively.” Sounds an awful lot like the federal Equal Employment Opportunity Commission’s position/guidance on the use of criminal history records for employment purposes. Final text of the regulations can be found by clicking here.

  4. I have previously blogged about pay equity legislation and restrictions on use of salary history for employment screening purposes. Employers can add another state to the list of jurisdictions that restrict employers from inquiring into a prospective employee’s salary history during the hiring process – Delaware. Governor John Carney signed pay equity legislation this month and the new law is slated to take effect in December 2017. The law amends Title 19 of the Delaware Code Relating to Unlawful Employment Practices. It will therefore be an unlawful employment practice for an employer or an employer’s agent to (i) screen applicants based on their compensation histories, including by requiring that an applicant’s prior compensation satisfy minimum or maximum criteria; and (ii) seek the compensation history of an applicant from the applicant or a current or former employer. There are exceptions to the general prohibition and violations range from $1,000 to $10,000.

  5. Enjoy the Fourth of July holiday!

If you have any questions or need assistance on any point raised in this Compliance News Flash please contact:

 Montserrat Miller  

Montserrat C. Miller
Partner, DC Office



The information presented provides a general summary and/or recent legal and regulatory developments. It is not intended to be, and should not be relied upon as legal advice.
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