Tag: fair chance act violations

E-Commerce Platform Makes Changes To Settle Investigation Over Washington Fair Chance Act Violations December 7, 2022 The world's largest e-commerce company has changed its mobile job interface for independent contractors to make last-mile deliveries. The company has made this change to better comply with the state of Washington's Fair Chance Act. As of a new court filing, these changes will also provide those with criminal records a fair chance to compete. The Assistant Attorney General, Marsha Chien, filed the confirmation of these changes in an Assurance of Discontinuance. This assurance ended an investigation by the state's Attorney General, Bob Ferguson, in early 2020. The investigation centered on the company's last-mile delivery program. This program allowed independent contractors to work with the service to make the final delivery of packages to their destinations. These workers drive their own vehicles and use a mobile application to guide them through the delivery process. Though the workers counted as independent contractors, the state argued that the company still qualified as an employer under Washington's expansive Fair Chance Act definition. As a result, the "ban-the-box" rules apply to the company and its hiring practices. The Washington Fair Chance Act, RCW 49.94, became legislation in 2018. It provided job applicants with criminal records a chance to compete fairly for jobs that matched their qualifications. With that in mind, the law prohibits certain language in the following: Job Advertisements: Employers covered under the act cannot include statements that would exclude individuals with a criminal history from applying. According to RCW 49.94.010(2): "ds that state 'no felons,' 'no criminal background,' or otherwise convey similar messages are prohibited." Job Applications: Employers cannot include questions, either orally or in writing, that would seek criminal history information or perform a criminal background check until after an initial determination that an applicant is otherwise qualified for a position. According to Washington's Attorney General, the company's mobile application's welcome page violated the Fair Chance Act. Specifically, it had a statement about criminal background checks determining delivery eligibility. The state reasoned that this statement would be visible before the company reviewed an applicant's qualifications. The company has removed this and other language indicating the requirement for criminal background checks. However, the company must still pay $18,714 to the state. As this incident clearly illustrates, employers must pay attention to compliance regarding the employment screening process. The best way to avoid incidents like this is to partner with a trusted screening provider. The right provider can help employers remain abreast of the continuously shifting local, state, and federal laws concerning background checks. Ready to discover more about Pre-employ’s background checks? Speak to a Sales Rep today. Source

Tag: fair chance act violations

E-Commerce Platform Makes Changes To Settle Investigation Over Washington Fair Chance Act Violations

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