May 2026
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
EMPLOYMENT SCREENING
Portable User-Verified Background Checks: Slash Litigation Risk & Accelerate Hiring
Portable user-verified background checks shift control of screening data to individuals, enabling reusable, continuously updated records that improve accuracy and transparency. This approach reduces hiring delays, enhances candidate experience, and lowers compliance risks. By limiting employer handling of sensitive data and minimizing errors, it helps cut litigation exposure. Ultimately, these portable systems streamline hiring while maintaining rigorous vetting standards and supporting faster, more trustworthy workforce decisions.
Des Moines Schools’ Background Check Firm Accused of Unlicensed Work
An investigation found that a background check firm hired by Des Moines Public Schools performed work without proper licensing while vetting superintendent Ian Roberts. The firm’s screening missed major red flags, including aspects of his criminal and immigration history, partly because it only reviewed limited records. The district relied on the firm’s assurances, but the failures contributed to Roberts’ hiring and later arrest, raising concerns about oversight, accountability, and the reliability of third-party background checks.
California Bill Would Expand Background Check Restrictions for Employers
A proposed California bill (AB 2095) would significantly expand restrictions on how employers conduct background checks. It would prohibit asking about criminal history or requesting background checks before providing job duty details, and bar requiring applicants to disclose or pay for such checks. The bill also strengthens individualized assessments, creates a presumption favoring applicants with completed sentences, and expands notification, documentation, and response requirements before adverse hiring decisions.
LEGAL ISSUES
Federal Judge Dismisses Background Screeners’ Challenge to Colorado Law
A federal judge dismissed a lawsuit challenging Colorado law that restricts what information can appear in background checks, including limits on reporting older convictions and non-convictions. The plaintiffs argued the rules conflicted with the federal Fair Credit Reporting Act, which aims for national uniformity. However, the case was thrown out, leaving Colorado’s stricter consumer protections in place and highlighting ongoing legal tension between state-specific regulations and federal standards.
California Employers Beware – Mere Technical Violation Sufficient for Lawsuits
California employers can face lawsuits for even minor or “technical” violations of background check laws, especially under statutes like the Investigative Consumer Reporting Agencies Act (ICRAA) and related consumer reporting rules. Recent court decisions show that applicants may recover statutory damages without proving actual harm, meaning a procedural mistake — such as improper disclosures or formatting errors — can still trigger liability. California courts are increasingly allowing claims based solely on statutory noncompliance, reinforcing the need for strict adherence to every technical requirement in the background check process.
OCCUPATIONAL / HIRING FRAUD
Palm Coast Woman Sentenced for Posing as Nurse, Treating 4,400 Patients Without License
A Florida woman, Autumn Bardisa, was sentenced after posing as a licensed nurse and treating more than 4,400 patients at a Palm Coast hospital without proper credentials. She obtained the job by using another nurse’s license number and falsified information, working for months before being discovered. Bardisa pleaded no contest and received probation and community service instead of jail time. Authorities said her actions endangered patients and highlighted serious concerns about healthcare credential verification.
DATA PROTECTION & PRIVACY
US Data Privacy Guide
A new US Data Privacy Guide explains how U.S. privacy law is evolving into a state-driven, patchwork system rather than a single federal framework. It highlights that there is still no comprehensive federal privacy law, so regulation is largely enforced through state legislation and the FTC. As of 2026, about 20 states have enacted comprehensive privacy laws, including California, Virginia, Colorado, Texas, and others, with more coming into force over time. The guide summarizes key trends like expanding consumer rights, stricter business compliance duties, enforcement actions, and increasing complexity for companies handling personal data across multiple states.
The Compliance Tightrope: Balancing Uniformity and Precision Across U.S. State Consumer Privacy Laws
U.S. businesses face growing challenges in complying with a rapidly expanding patchwork of state consumer privacy laws, due to the absence of a single federal framework. While many states share similar core consumer rights, key differences in definitions, thresholds, and obligations create significant complexity. Companies must balance two strategies — adopting a uniform national approach or tailoring compliance to each state — and often implement a hybrid model to manage risk, operational burden, and evolving enforcement expectations.
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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