May 19, 2021 @ 7:46 PM EDT | United States
San Bernardino, California county criminal searches became unavailable on Thursday, May 13, 2021. Please be advised that fulfillment resumed on Wednesday, May 19, 2021, and pending searches will be processed by Friday, May 21, 2021. Thank you for your patience.
May 14, 2021 @ 3:32 PM EDT | United States
San Bernardino, California county criminal searches are unavailable as of Thursday, May 13, 2021. Please note the county is experiencing a system issue and we are working with the court clerk to determine a date of restoration. We will communicate updates as they become available. In the meantime, please expect processing delays. Thank you for your patience.
May 6, 2021 @ 10:04 PM EDT | United States
Starting Tuesday, May 4, 2021, Alaska statewide and multi-county criminal searches became unavailable, due to a technical issue with the court system. As a result, the outage is impacting Sterling’s criminal fulfillment. The issue is estimated to be resolved in one week. In the meantime, Sterling is investigating an alternative provider to support fulfillment.
We will supply you updates as they become available. Thank you for your patience.
May 6, 2021 @ 9:56 PM EDT | United States
Starting May 13, 2021, Sterling is introducing the following updates to our standard sample pre and final adverse action notices to assist you in complying with Illinois law and to more closely align with best practices.
Action May Be Required: If you use custom adverse action notices, Sterling recommends consulting with your legal counsel to update the forms with the necessary language. It is important to update your forms, and contact your Sterling Client Success representative to assist as needed to change your notices.
- Illinois Law and Sample Pre and Final Adverse Action Notices
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- The Sterling sample Pre-adverse Action Notice has been updated to include general language for Illinois candidates/employees indicating that the criminal history item(s) identified in the notice (as selected by you from the pre-adverse action launch form) may, in whole or in part, result in action because the records are substantially job related and/or present an unreasonable risk to property, safety or welfare of specific individuals or the general public.
- The Sterling sample Final Notice of Adverse Action has been updated to include language stating that a decision was made not to offer employment or promotion and the decision was made because records are substantially job related and/or present an unreasonable risk to property, safety or welfare of specific individuals or the general public.
- Other text changes have been made based on updates to conform to changes with the law and clarify the messaging to candidates/employees, including the right to request reconsideration and provide additional information and the right to file charges with the Illinois Department of Human Rights.
2. Comment Features in the Pre-Adverse Action Order Form
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- You should be aware that the Illinois law requires that employer notify candidates of the specific charges and rationale for why the charges or criminal records are substantially job related and pose an unreasonable risk to property, safety, welfare of specific individuals or the general public. You can use the Additional Comments field available on the Pre-Adverse Action Launch form to specify the rationale for the candidate. This task only needs to be completed at the pre-Adverse order stage, and the Comments/reasons will populate automatically on both the pre-adverse and final adverse notice form.
- Please note that Additional Comments may be added for any specific notation related to records from any state in addition to Illinois. This field is intended to allow clients to customize the notices for candidates as desired.
- New York and Los Angeles Fair Chance
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- Clients with employees/candidates in New York or Los Angeles, please note that New York and Los Angeles Fair Chance forms are not part of the standard adverse action service. Administration of Los Angeles and New York forms are available through Sterling and need to be set up as a separate service that generates a separate workflow for employees/candidates in those cities. The Los Angeles and New York forms are not included as part of the standard adverse action flow.
- Additional Notes
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- In order to confirm to additional employer obligations in the Illinois statute, you may leverage the Additional Comments field in the to include the specific aspects of the criminal violation that make it job-related, and/or make it an unreasonable risk.
- Keep in mind that the reasons entered in the “Comments” field will populate on both the pre and final adverse notices (in the event that final adverse action is taken).
- Per the statute, you must then engage in an Interactive assessment prior to sending the Final Notice of Adverse Action.
- The Sterling sample Final Notice of Adverse Action has been updated to contain the required Illinois statutory language under (C) (3) (b) and (c) regarding process for challenge and right to file a charge with the Department of Human Services.
At Sterling, our in-house compliance experts monitor changes in hiring policies to help you stay ahead of best practices and ever-changing regulations. If you have any questions, please contact your Sterling Client Success representative.
Sterling is not a law firm, does not provide legal advice, and provides sample forms for clients use including pre and final adverse action notices. Sterling recommends that clients have their forms, including Sterling samples, reviewed by their own counsel.
Apr 16, 2021 @ 3:12 PM EDT | United States
In observance of upcoming holidays – including the Birthday of José de Diego in Puerto Rico on Monday, April 19; Patriot’s Day in Massachusetts and Maine on Monday, April 19, 2021; and Arbor Day in Nebraska on April 30, 2021 – several U.S. courthouses, schools in session, and businesses may close. As a result, criminal searches and verifications with external dependencies are expected to be delayed by 24 to 48 hours. We recommend that candidates and employees call their chosen collection site to verify hours of operation. For reference, here‘s a list of 2021 holidays. Thank you for your continued trust in Sterling.
Apr 16, 2021 @ 2:00 PM EDT | United States
Van Zandt, Texas county criminal searches are unavailable as of Monday, April 12, 2021. Please note the county is experiencing a system issue, and they are working to determine a date of restoration. In the meantime, we have secured a provider as an alternative fulfillment method, but please expect processing delays of four to five days. We will communicate updates as they become available. Thank you for your patience.
