Message from the Editor
Welcome to another edition of Inside Background Screening, our new newsletter. Our goal is to bring to you cutting-edge news and information about what is happening in the background screening world to help keep you informed and to position you to make the best possible hiring decisions.
We hope you enjoy Inside Background Screening and that you will share your interest and thoughts with us.
Lorenzo
Lorenzo Pugliano
CEO
Lpugliano@nsshire.com
Washington Further Limits Criminal Background Checks in the Workplace: An Employer’s Guide and Compliance Action Plan
Washington’s HB 1747, effective July 1, 2026, for employers with 15+ employees, prohibits criminal background checks before a conditional job offer. Employers must not rescind offers based on arrest or juvenile records and must assess adult convictions with a legitimate business reason. Written notice and a two-day hold are required before adverse actions. Penalties range from $1,500 to $15,000 per violation. Employers must comply with both the state law and the federal Fair Credit Reporting Act.
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Rogers Superintendent Explains Background Checks in Wake of Teacher’s Double Homicide Arrest
Andrew McGann, accused of killing two at Devil’s Den, passed background checks before teaching at Bayyari Elementary despite prior reports of inappropriate behavior in Texas. Rogers Public Schools Superintendent Dr. Jeff Perry explained schools conduct three background checks—state, FBI, and fingerprinting—and contact past employers. However, without criminal history or formal reports, misconduct often goes unflagged. Parents revealed McGann invited select students for private lunches, raising concerns about gaps in the system.
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New Florida Law Aims to Make Background Screenings Easier
Effective July 1, 2025, Florida requires all health care practitioners—including those previously exempt—to undergo Level 2 fingerprint-based background screening via the Department of Law Enforcement, both for new licensure and at the first renewal after that date. Fingerprint retention every five years is mandated; failure to comply blocks license issuance or renewal. A “Cleared to Care” campaign has been launched to inform professionals of the process and deadlines.
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Man Charged with Child Sex Crimes Passes Background Check, Works at School District for Almost Three Years
A man worked nearly three years in the Starkville–Oktibbeha school district despite being under indictment for child sexual offenses involving victims as young as 12. He passed a required fingerprint-based background check before being hired as assistant wrestling coach, later becoming a tech support specialist. The district was unaware of pending charges. In June 2025, he was convicted and sentenced to 30 years in prison.
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Ex-CPS Security Guard Charged with Raping Student had 16 Prior Arrests, Lawsuit Claims
A Chicago Public Schools security guard, Romel Campoverde, had amassed 16 arrests over two decades before being hired. While stationed at Farragut Career Academy, he was charged in July 2023 with raping a 15-year-old student. The victim, now 18, alleges CPS ignored district policy by failing to review police reports and relying only on arrest outcomes—some dismissed or reduced. Her attorney calls the oversight reckless. Campoverde remains pending trial, with a status hearing scheduled at month’s end.
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County Ordinance Protects Ex-Convicts Trying to Find Jobs
San Diego County enhanced the “Fair Chance Act” with a “Fair Chance Ordinance” effective October 2024. It forbids requesting conviction history before job offers, adds local enforcement, employer education, and penalties—$5,000 for first violations and $20,000 for repeat—half of which goes to the complaining applicant. The county is educating both employers and formerly incarcerated individuals about rights and compliance.
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Background Check for Las Vegas Gunman Accused in NYC Mass Killing Came Back ‘Unresolved’
Shane Tamura, 27, was linked to two firearms background checks—in March 2022 and October 2024—that returned “unresolved,” leaving no clear approval or denial before he legally acquired the rifle used in his July attack in Midtown Manhattan. Nevada law permits a federally licensed dealer to proceed after three days despite unresolved checks. Tamura drove from Las Vegas and killed four people in a Manhattan office building before taking his own life.
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THC Testing vs. Impairment: Legal Risks and Recent Employment Lawsuits
Courts are increasingly ruling that positive THC test results alone can’t prove on-the-job impairment. Employers relying solely on chemical tests face legal risk and costly verdicts. Legal protections in many states prohibit discipline based only on off-duty cannabis use unless actual impairment is shown. Emerging tools like eye-tracking, VR, and cognitive assessments offer real-time impairment detection, fostering fairer safety policies while reducing litigation exposure.
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Minnesota, Iowa Modify Employer Drug Testing Requirements
Minnesota and Iowa have updated their employer drug testing laws. Minnesota now permits oral fluid testing for drugs, including cannabis, under its Drug and Alcohol Testing in the Workplace Act. Employers must comply with statutory rules, such as providing test results at the time of testing. Iowa’s Supreme Court has clarified requirements for employee drug testing, emphasizing the need for clear policies and procedures. Employers in both states should review and update their drug testing policies accordingly.
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Legislation Would Allow Use of Hair Samples for Trucker Drug Testing
A bill introduced by Rep. Rick Crawford (R-AR) seeks to permit hair follicle testing as an alternative drug-testing method for commercial truck drivers. The legislation mandates that the Federal Motor Carrier Safety Administration (FMCSA) recognize positive hair test results as valid under the “actual knowledge” provision, requiring employers to report such findings to the FMCSA Drug and Alcohol Clearinghouse. Currently, hair test results are not accepted or recorded in the Clearinghouse, creating a loophole that allows unsafe drivers to continue operating commercial vehicles.
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Federal Drug Hair Test Battle Rages On
The trucking industry’s long-standing push for mandatory hair follicle drug testing is intensifying as federal guidelines—mandated since 2015—remain delayed, now expected by mid 2025. Proponents argue it’s safer than urine tests, detecting more drug use, while critics raise concerns about discrimination, cost, and religious objections. Major carriers already use hair testing, but federal bodies like the FMCSA lack authority to include results in official databases, fueling ongoing regulatory deadlock.
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US Work Permits Evoked? DHS Gives Employers New Tool, ‘E-Verify’, to Check Immigrant Status
A new E-Verify feature now alerts employers when an employee’s Employment Authorization Document (EAD) is revoked. DHS introduced a “Status Change Report” on June 20, 2025, which replaces automatic case alerts and requires employers to proactively check for revoked EADs—especially for parole-based workers. Employers must then reverify work eligibility using Form I-9, Supplement B, while avoiding wrongful termination and complying with anti-discrimination rules.
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Federal E-Verify System Under Scrutiny After Maine Police Hire Incident
A reserve officer in Old Orchard Beach, Maine, was arrested by ICE on July 25 for overstaying his visa and attempting to purchase a firearm. The town had relied on E-Verify, which cleared his work eligibility until 2030. Homeland Security criticized the department’s “reckless reliance” on the system, emphasizing that employers must still verify document authenticity. Local officials are urging a federal review of verification processes amid conflicting signals about hiring safeguards.
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E-Verify Failed to Detect 76 Illegal Aliens Stealing American Identities
At Glenn Valley Foods in Omaha, about 70 workers were arrested for using stolen identities to bypass E-Verify, causing widespread disruption despite full system compliance by the company. Over 100 U.S. citizens became victims—some denied medical care, disabled benefits, financial aid, or faced IRS actions—due to identity theft. Officials called it a massive scheme exploiting verification flaws, triggering a major worksite enforcement raid and igniting debate over E-Verify’s reliability.
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Bipartisan Bill Would Grant Legal Status to Certain Illegal Immigrant Workers
A bipartisan bill has been introduced in Congress that would grant legal status to certain undocumented immigrant workers. The legislation aims to provide a pathway to legal employment for individuals who have been working in the U.S. without authorization. Supporters argue that the bill would address labor shortages and provide fair treatment for workers, while critics express concerns about potential impacts on immigration policy and enforcement.
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The Second Half of the Year Brings New State Privacy Obligations – Are You Ready?
Organizations that complied with early-2025 consumer privacy laws now face more change: three new privacy regimes—Tennessee (effective July 1), Minnesota (July 31), and Maryland (October 1)—plus six more slated for January 1, 2026, in Kentucky, Rhode Island, and Indiana. Amendments are also coming to Colorado, Montana, and Oregon. Businesses should promptly assess which laws apply, update privacy notices, adjust compliance programs, and conduct a privacy checkup ahead of mounting enforcement risks.
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Connecticut’s Recent Privacy Settlement Shows that Organizations Should Remain Cognizant of Privacy Law Obligations Outside of California
On July 8, 2025, Connecticut’s Attorney General finalized an $85,000 settlement with TicketNetwork for violating the state’s Data Privacy Act (CTDPA)—the first of its kind. The company’s privacy notice was deemed unreadable, missing key consumer rights, and included broken rights-request mechanisms. TicketNetwork must now comply with CTDPA, collect metrics on consumer rights requests, and report them to the AG.
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AI, Deepfakes, and the Rise of the Fake Applicant – What Employers Need to Know
Generative AI enables fraudsters to craft fake resumes, identities, and video personas—especially targeting remote roles. Within just 70 minutes, a convincing deepfake applicant can be created. Employers face risks ranging from compliance violations (e.g., child-labor and E-Verify errors) to network intrusion and theft. Detection strategies include disabling filters, requesting hand- or face-movements, adding in-person or live ID checks, using detection tools, and ensuring vendor validation to prevent legal and security exposure.
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Texas Leads Data Privacy Crackdown: Record Fines for Big Tech And AI
Texas Attorney General Ken Paxton has spearheaded an aggressive data privacy enforcement campaign, securing historic settlements—including $1.4 billion from Meta over biometric data misuse and $1.375 billion from Google for unauthorized collection of location and biometric data—and launching broad investigations into over 200 companies. The initiative also targets AI applications, social media, automakers, and Chinese-linked firms, emphasizing Texas’s role as a national leader in safeguarding consumer privacy.
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$27M Verdict Warns Employers: Vet and Train Employees or Pay the Price
A jury in Franklin County, Ohio, awarded $27 million to the estate of Gregory Coleman Jr., who was fatally beaten by two security guards outside a bar. The bar’s ownership was held 80 percent responsible even though the assault occurred on public property. The verdict highlights the severe consequences of negligent hiring, supervision, and retention—especially for employers in hospitality, retail, and entertainment industries—emphasizing the critical need for rigorous vetting and training.
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Massachusetts Bill Expands AI Rules For Hiring and Background Checks
Massachusetts is advancing Bill S.35 to regulate AI-driven hiring and background-check tools. Employers would need to conduct independent, impartial algorithmic impact assessments before using automated decision systems (ADS), submit them to a public registry, and notify applicants at least 10 business days beforehand. The law mandates meaningful human oversight, prohibits predictive profiling (e.g., emotion or behavior inference), and protects employees from retaliation for rejecting AI recommendations.
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Disclaimer: All information presented is for information purposes only and is not intended to provide professional or legal advice regarding actions to take in any situation. Nationwide Screening Services makes no representations for any products or services that are mentioned and accepts no responsibility for any actions or consequences taken without the guidance of a licensed attorney or professional consultant.
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