As organizations grow, hiring often moves faster than process. Offers are extended quickly, documentation is completed reactively, and compliance details are addressed after the fact.

While this may feel efficient, inconsistent hiring practices create exposure in areas that matter most:

• Misclassification of exempt and nonexempt roles
  • Unclear or undocumented compensation terms
  • Incomplete contingency language
  • Inconsistent communication of benefits eligibility
  • Improper I-9 timing or documentation tracking

Even organizations that invest in strong background screening can overlook the structure surrounding the offer process itself.

A disciplined hiring framework should include:

1. A consistent verbal offer structure outlining compensation, classification, start date, and contingencies
2. Clear written documentation aligned with federal and state requirements
3. Defined response timelines and next steps
4. Proper I-9 execution within required timeframes
5. Structured onboarding communication to reduce confusion and risk

Process does not slow hiring.
It protects it.

As regulatory scrutiny continues to increase across states, structured hiring practices are no longer optional. They are risk management.

-Maria Perez-Marom, Strategic HR Advisory for Multi-State and Remote Workforces

 

HR professionals are on the front lines of hiring, compliance, and talent management, giving them a unique perspective on the challenges and trends shaping the employment landscape. Their insights are invaluable for understanding how background screening practices intersect with evolving laws, workforce expectations, and organizational goals. In this article, we draw on the expertise of HR leaders to highlight key industry trends and provide actionable guidance for employers.

For questions about background screening laws, best practices, or compliance guidance, please contact us.

Effective January 6, 2026: Philadelphia amended the city’s Fair Criminal Record Screening Standards Ordinance (FCRSS), introducing several changes that impact how employers evaluate criminal history during the hiring process.

These amendments expand protections for workers and applicants and introduce additional procedural requirements for employers when criminal background checks are used in employment decisions.

The ordinance covers any individual who is employed or permitted to work for a company within city limits, which includes independent contractors, rideshare drivers, transportation network company drivers, and other gig economy workers. As a result, businesses relying on contract or platform-based workers should ensure their screening policies align with the ordinance’s requirements.

How It Effects Background Checks

Individualized Assessment: Employers who notify applicants that a background check may be conducted must now clearly state that any criminal record information will be evaluated through an individualized assessment. This assessment should consider the specific duties of the job as well as the details of the individual’s criminal history before a decision is made.

Shorter Lookback Period: The amendments reduce the timeframe during which certain misdemeanor convictions may be considered. Employers may now review misdemeanor convictions from the previous four years, excluding time spent incarcerated. Previously, the ordinance allowed employers to consider misdemeanor convictions from the past seven years. The seven-year lookback period for felony convictions remains unchanged.

Minor Offenses: Employers are prohibited from considering summary offenses, which typically include low-level infractions such as traffic violations, disorderly conduct, or similar minor offenses. These records should not factor into employment decisions under the ordinance.

Expunged or Sealed Records: The amended law also clarifies that expunged or sealed criminal records cannot be considered, even if they appear in a background check report. Employers must disregard these records entirely when evaluating a candidate or employee.

Additional Applicant Protections

The amendments also expand the rights of applicants and employees when a criminal record may impact employment.

If an employer intends to deny employment or take adverse action based on criminal history information, the individual must receive written notice of the preliminary decision along with a copy of the criminal record used in the evaluation. The notice must also inform the individual of their rights under the ordinance and explain how they can submit additional information.

Employers must then allow the individual at least 10 business days to respond with evidence of errors in the record or documentation showing rehabilitation or mitigating circumstances before making a final decision.

Employer Guidance

Businesses operating in Philadelphia should review their hiring and background screening procedures to ensure they comply with the amended ordinance. This may include updating job postings, employment applications, background check notices, and adverse action communications.

Employers should also consider training recruiters, hiring managers, and human resources personnel on the updated requirements so they understand when criminal history can be considered and how to conduct compliant individualized assessments.

In addition, multistate employers should remember that fair chance hiring laws vary across jurisdictions. Many states, including California, Colorado, Connecticut, District of Columbia, Illinois, Massachusetts, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington, have enacted laws that limit how criminal records may be used in hiring decisions.

Organizations should regularly review their hiring policies and screening procedures to confirm they remain compliant with applicable laws in every jurisdiction where they operate. Working closely with an accredited background screening provider can help employers stay informed of regulatory updates and ensure their screening programs are aligned with current legal requirements.

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GIS is here to help employers navigate evolving background screening laws. If you need assistance reviewing your screening practices or understanding how your state’s laws may impact your hiring process, please contact us.

Artificial intelligence is rapidly transforming the hiring process. From automating repetitive tasks to improving speed and efficiency, AI has quickly become a powerful tool for employers and background screening providers alike. Its rise has sparked both excitement and caution: while AI can enhance hiring in many ways, it also introduces new risks that organizations must understand.

The Benefits of AI in Hiring

When used responsibly, AI can make hiring faster, smarter, and more secure. One of its clearest benefits is in social media screening. Automated tools can quickly scan public profiles, helping identify potential red flags or inconsistencies in a candidate’s background. AI can also assist with identity verification, flagging fraudulent documents, duplicate identities, or inconsistencies that might otherwise go unnoticed. These applications help HR teams save time and resources, while providing an additional layer of safety and compliance.

AI can also help ensure fairness and consistency in certain aspects of the hiring process. By automating repetitive tasks, such as initial resume sorting or basic reference checks, companies can reduce human bias in early-stage candidate review. In these ways, technology can complement the work of recruiters and background screening professionals, enabling them to focus on higher-value decisions.

The Risks of AI in Hiring

Yet, as AI becomes more prevalent, it also creates new challenges. One emerging concern is the rise of AI-generated resumes. Candidates can now create polished, professional-looking resumes with little real-world experience, making it harder to verify credentials. Deepfake technology and AI-generated videos are also beginning to appear in candidate interviews, potentially creating fraudulent impressions of skills or identity.

Reliance on AI alone can also lead to mistakes. Automated systems may flag information incorrectly or overlook nuanced details that a trained human would catch. Without human oversight, companies risk making hiring decisions based on incomplete, inaccurate, or misleading information. The very tools designed to protect organizations from fraud and risk can, if misused, introduce new vulnerabilities.

Why the Human Touch Still Matters

This is where Global Investigate Services sets itself apart. In an age of increasing automation, we understand that hiring decisions are ultimately about people. Technology can enhance efficiency, but it cannot replace judgment, intuition, and understanding of context. When you call our office, you won’t reach a chatbot or automated answering system, you’ll speak directly with a real, knowledgeable team member who understands your unique business needs.

Our professionals don’t just process reports, they actively review them for accuracy, apply experience-based judgment, and consider the nuances that AI cannot capture. Every report is double-checked to ensure its integrity. We take the time to listen to your questions, address concerns, and provide guidance when a situation is complex or unclear.

At GIS, we know that behind every screening request is a hiring decision with real consequences, for your company, your team, and the candidates themselves. Our commitment to the human touch ensures that technology enhances your hiring process without ever replacing the insight and accountability that only people can provide.

Balancing AI and Human Expertise

The truth is, AI and human expertise are most effective when they work together. AI can handle repetitive tasks, flag potential issues, and provide data-driven insights—but human professionals are essential for interpretation, verification, and decision-making. By combining these strengths, GIS helps organizations navigate a complex hiring landscape, mitigate risk, and maintain compliance in a world where technology is evolving faster than the laws that govern it.

Looking Ahead

The hiring landscape will continue to change as AI tools become more sophisticated. Organizations that embrace these technologies thoughtfully, while maintaining human oversight, will be best positioned to hire effectively, responsibly, and safely.

GIS is here to guide you through this evolving landscape. Our team combines smart technology with real human expertise to help you hire with confidence. Whether you need guidance on compliance, identity verification, or social media screening, or simply want assurance that every report is carefully reviewed, you can trust that a person, not a machine, is at the core of every decision.

If your organization is looking to leverage AI in hiring or wants a background screening partner that with real human expertise, GIS is here for you. We bring both efficiency and personal attention to every screening, ensuring accurate, thoughtful results every time.

A recent court decision in Kentucky has shed light on a troubling situation involving the state’s driver licensing system that carries important lessons for employers everywhere. The case centers on allegations that individuals were able to obtain Kentucky driver’s licenses without proper documentation, formal testing, or required federal verification checks. After a year‑long legal process, a judge ordered more than 2,300 records tied to the investigation released, revealing the extent of the issue across multiple communities.

When a licensing clerk raised concerns about irregular practices at a driver’s license office in Louisville, internal accounts discovered that fraudulent documents were being accepted, required screenings were ignored, and services were allegedly provided in exchange for payment. What was initially perceived as an isolated problem quickly turned into something much larger, with evidence showing license revocations stretching across jurisdictions from Lexington to Bowling Green and beyond.

Why Background Screening Matters

A review of internal records showed that not all implicated individuals were temporary personnel, and some had become permanent staff members. This case highlights how easily fraud can spread when safeguards are ignored. If screening and monitoring systems are inconsistent or incomplete, individuals who are not qualified for sensitive responsibilities may wrongfully obtain positions.

While this story involves state government operations rather than private employment, the underlying theme is the same. When verification processes break down, the consequences can be severe. Driver’s licenses remain one of the most common forms of identification in the United States. They are used by employers to confirm identities, by law enforcement to ensure public safety, and by organizations that rely on accurate information to make hiring decisions. When the integrity of those credentials is compromised, everyone, from businesses to communities, is placed at risk.

Employer Guidance

For employers, especially those hiring for roles that involve driving or operating company vehicles, these lessons are critical. Background screening goes beyond verifying a candidate’s identity.

Motor vehicle record searches(MVR): Helps ensure candidates have the proper license, a safe driving history, and no disqualifying violations. Failing to conduct thorough identity and MVR checks can expose organizations to liability, safety risks, and reputational damage.

Continuous monitoring: By regularly reviewing an employee’s driving record, organizations stay informed of any new violations, suspensions, or other changes that could impact safety or compliance. Continuous MVR checks help ensure that employees remain qualified for their roles over time, reducing risk and giving companies peace of mind that they are always up to date.

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Partnering with an accredited and reliable background screening company, organizations can help protect your workforce, customers, and operations. Thorough background screening helps ensure that candidates are qualified for their roles.

If you have any questions about your current background screening process or the types of searches included, please contact us. GIS is committed to providing guidance and ensure your hiring practices are thorough and compliant.

 

Effective April, 18 2026: Employers across New York will face a major shift in how credit history can be used in employment decisions. The state has expanded restrictions that previously applied primarily in New York City to now cover employers statewide. This change reflects a broader national trend aimed at reducing barriers to employment and limiting the use of personal financial information in hiring decisions.

For many years, some employers relied on credit reports as part of pre-employment screening, particularly for positions involving finances or sensitive responsibilities. However, lawmakers and regulators have increasingly questioned whether credit history is a fair or reliable indicator of job performance or trustworthiness. Financial hardship can result from medical debt, identity theft, or economic conditions beyond an individual’s control. By limiting when credit history may be used, New York is reinforcing a more equitable and privacy-conscious approach to hiring.

This law signals a growing shift in how personal data is viewed in the employment context. As more jurisdictions move to restrict certain types of background information, employers must adapt their hiring practices to align with changing legal and ethical standards.

Narrow Exceptions

While the new law broadly restricts the use of consumer credit history in employment decisions, it does not impose a total ban. There are limited, narrowly defined exceptions where credit history may still be relevant and legally permissible. These exceptions are generally tied to roles that involve a heightened level of trust, regulatory oversight, financial authority, or access to sensitive systems or information.

In these circumstances, credit history may be requested or considered when it is directly connected to the responsibilities of the role or required by law or regulation. The intent behind these exceptions is to allow employers to assess financial risk only where it is truly job-related and necessary, rather than as a routine screening practice.

Outside of these limited scenarios, employers should expect that credit history will no longer be an appropriate or lawful part of the employment decision-making process in New York. Applying exceptions too broadly or without a clear connection to job duties may create compliance risk and potential legal exposure.

How This Affects Background Screening

The law also has important implications for background screening providers and the structure of screening packages. If an employer is not legally permitted to consider credit history for a particular role, that information should not be included in the background screening report provided to them. This means screening programs that once included credit checks by default may now need to be reconfigured on a role-by-role or jurisdiction-specific basis.

For employers, this introduces a new layer of responsibility when designing screening workflows. Screening packages should be aligned with job requirements and local regulations to ensure that prohibited information is not collected or shared. For background screening companies, this requires stronger controls to prevent the delivery of non-compliant data and clearer communication with clients about when credit checks are appropriate.

As employment laws continue to evolve, background screening programs are becoming more customized and compliance-driven. Employers that rely on standardized, one-size-fits-all screening packages may face increased risk as state and local laws diverge. Proactive alignment between employers and their screening partners will be essential to maintaining compliance.

Employer Guidance

Employers should view this change as an opportunity to modernize and refine their screening practices ahead of 2026. Reviewing current background screening policies, job classifications, and screening packages now can help prevent compliance issues later. Internal training is equally important, as hiring managers and HR teams need to understand what information can and cannot be considered when making employment decisions.

For multi-state employers, this law reinforces the need to account for varying requirements across jurisdictions. States such as California, Illinois, and Washington have already enacted similar restrictions, and more jurisdictions are expected to follow. Aligning screening programs with the most restrictive applicable laws can help create consistency while reducing compliance risk.

For more information, click here.

GIS is committed to helping organizations navigate ever-changing hiring laws and stay compliant through every update.  If you have questions about your current background screening process or want to understand the screening laws in your state, we’re here to help.

California lawmakers are reshaping how artificial intelligence (AI) and automated systems can be used in the workplace. The new proposed bill “No Robo Bosses Act” (SB 7) is moving through the state legislature and would place new limits on how employers rely on automated decision-making tools when making employment-related decisions. While the legislation is still under review and subject to change, it reflects a broader push to ensure that technology used in the workplace remains transparent, fair, and subject to human judgment.

As more employers adopt AI-driven tools to streamline hiring, performance management, scheduling, and other workforce processes, regulators are increasingly focused on how these technologies may impact workers’ rights and equal employment opportunity.

What This Means

This law would restrict employers from relying primarily on automated decision systems to make significant employment decisions such as hiring, promotions, discipline, or termination. Instead, the bill would require that a human decision-maker meaningfully review the information used by automated tools and make an independent assessment before a final decision is made.

The proposal would also limit the use of systems designed to predict or infer personal characteristics, behavior, or performance. Lawmakers have raised concerns that these types of tools may rely on assumptions or data patterns that are difficult to explain and may unintentionally produce biased outcomes.

Notice and Transparency Requirements

If enacted, the law would require employers to provide clear written notice when automated systems are used in employment-related decisions. Employers would also be expected to maintain records of the automated tools in use within their organization.

In addition, when an automated system plays a role in a specific employment decision, affected individuals would be entitled to information about that use, including how to contact a human reviewer and how to seek more details about the process. The goal is to ensure that employees and applicants are not left in the dark when technology influences outcomes that affect their jobs or career opportunities.

The proposal would  also provide individuals with the ability to challenge employment decisions that were influenced by automated tools. Employers would be required to designate a human reviewer with the ability to reconsider the decision and evaluate any supporting information. This review process is intended to add a layer of accountability and prevent automated systems from having the final say over important employment outcomes.

Open Questions and Practical Challenges

Although the bill outlines broad restrictions and requirements, there are still open questions about how it would be applied in practice. The definition of what qualifies as an “automated decision system” could capture a wide range of technologies currently used by employers, from advanced AI tools to software that helps rank or sort information. Employers may face uncertainty in determining which tools fall under the law and how much transparency is required when explaining how these systems work.

There are also practical concerns around explaining technical systems in a way that is meaningful to employees while still protecting proprietary information from vendors and technology partners.

Employer Guidance

Because SB 7 is still working its way through the legislative process, amendments and revisions are possible. Employers should keep an eye on how the bill develops and begin assessing where automated tools are used within their organization. Understanding current practices, evaluating risk, and preparing for potential transparency and oversight requirements can help organizations adapt more smoothly if the bill becomes law.

As employers evaluate how automation fits into their hiring processes, this proposal is also a reminder that technology should support, not replace, well-defined hiring policies. Rather than relying solely on AI or automated tools to make employment decisions, companies should maintain comprehensive hiring and adjudication processes that include clear criteria for evaluating results, consistent documentation, and meaningful human review. Thoughtful adjudication helps ensure that employment decisions are fair, defensible, and aligned with legal and organizational standards, while reducing the risk that automated systems produce unintended or discriminatory outcomes.

For more information, click here.

GIS helps employers navigate evolving hiring regulations by providing the tools, expertise, and guidance needed to build responsible, ethical, and compliant hiring practices. Our team partners with organizations to help implement thoughtful screening and adjudication processes that support fair decision-making in an increasingly automated hiring environment. If you have questions regarding your current hiring process, please contact us.

Effective January 16, 2026: Illinois has officially joined the growing number of states adopting “Clean Slate” legislation, a law that fundamentally changes how certain criminal records are sealed. The new statute introduces an automated record-sealing process for qualifying non-violent offenses, reducing long-standing barriers tied to criminal history while reshaping what employers and screening providers can access moving forward.

What Is the Illinois Clean Slate Act?

Illinois’ Clean Slate Act creates a statewide system that automatically seals eligible criminal records after an individual has completed their sentence and remained crime-free for a designated waiting period. Rather than requiring individuals to navigate a petition-based court process, record sealing will occur without action from the individual once eligibility criteria are met.

The law applies only to offenses that are already eligible for sealing under existing Illinois law and does not expand eligibility to new offense types.

Which Records Qualify for Automatic Sealing?

• Eligible misdemeanor convictions are sealed after a two-year waiting period
• Eligible felony convictions are sealed after a three-year waiting period
• Dismissed or reversed charges, along with the related arrest records, are sealed automatically once the case concludes

Most qualifying records involve non-violent misdemeanors and Class 1–4 non-violent felonies.

Which Records Are Not Eligible?

Records involving serious or violent offenses remain excluded. These include, but are not limited to:

• Murder and homicide-related offenses
• Sex-related crimes
• Class X felonies and other violent offenses
• Domestic battery and violations of protective orders
• DUI and reckless driving
• Stalking and certain animal welfare violations

These records will continue to appear where legally permitted and remain accessible to law enforcement and courts.

Who Can Still Access Sealed Records?

While sealed records will no longer be available to private background screening companies or the general public, certain entities will retain lawful access, including:

• Law enforcement agencies, prosecutors, and courts
• Employers and licensing bodies governed by state or federal regulations (such as schools, financial institutions, public transportation agencies, and other safety-sensitive industries)
• Authorized state agencies conducting fingerprint-based background checks through the Illinois State Police

For most standard employment screenings, sealed records will no longer be reportable.

Why This Matters

The Clean Slate Act introduces meaningful changes to hiring and background screening practices. As eligible records are automatically sealed, employers may see fewer criminal records appear on background check reports over time. This shift makes adherence to fair chance hiring laws and individualized assessment requirements even more important. Employers operating in regulated or safety-sensitive industries should review whether fingerprint-based screening or statutory access exemptions apply to their hiring programs. In light of these changes, many organizations may also need to update their background screening policies to reflect evolving limitations on record access. Failure to align hiring practices with the new law could increase legal and compliance risk.

Employer Guidance

Implementation will take place over a multi-year timeline, providing employers and background screening providers time to adjust. Organizations operating in Illinois, particularly those hiring at scale or across multiple states, should begin reviewing their background screening packages and disclosure language, evaluating existing adverse action workflows, and confirming compliance with Illinois-specific requirements. Employers in regulated or safety-sensitive industries should also assess whether any statutory access exceptions apply to their screening programs.

For more information, click here.

GIS is dedicated to helping organizations navigate compliance throughout the background screening process. As employment and screening laws continue to evolve at the state and local level, our team is here to help. If you have questions about your state’s background screening requirements or how recent legal changes may impact your hiring process, please contact us.

In 2026, new legal and regulatory changes are pushing employers beyond simple compliance checklists and toward screening processes that are thoughtful, defensible, and well documented. It has become clear that background screening is no longer the only measure of compliance. How that check is conducted, interpreted, documented, and acted upon now matters just as much.

This shift is being driven by a convergence of clean slate legislation, expanding fair chance requirements, screening relevant to the role, and a growing expectation that employers understand their screening decisions. For employers, this means compliance risk is no longer isolated to a single adverse action or missed notice. It lives within the overall integrity of their screening program.

Clean Slate Laws

Automated record sealing and expungement processes now operate in many jurisdictions with little or no notice to employers. Records that were once legally reportable can become restricted overnight, creating real risk for organizations relying on outdated data. In 2026, compliance increasingly depends on whether screening results reflect what is legally reportable at the time a decision is made, not what existed prior. Employers are expected to demonstrate that their screening process actively monitors court data, applies jurisdiction-specific rules, and suppresses records that should no longer be considered.

Fair Chance Act

Many jurisdictions now regulate not only when criminal history can be reviewed, but how employers must evaluate it. Individualized assessments, consistent decision-making, and proper notice timing are no longer best practices, they are enforceable expectations. Regulators and plaintiffs’ attorneys are increasingly focused on whether employers can explain their decision-making process in a clear, consistent, and documented way. In this environment, informal or inconsistent workflows present real exposure.

Credit History

More states and local jurisdictions continue to limit the use of credit checks to narrowly defined roles, placing the burden on employers to demonstrate job-relatedness and business necessity. Blanket screening policies that once felt efficient now pose unnecessary risk. In 2026, compliance requires thoughtful alignment between role requirements and screening scope, supported by documentation that explains why specific searches are used.

Drug Screening

As cannabis laws continue to vary by state, employers are navigating conflicting requirements related to testing, accommodations, and adverse action. Many jurisdictions now expect employers to define safety-sensitive roles with precision and apply testing programs accordingly. Adding to the challenge is increased awareness of test evasion methods, which has placed additional emphasis on collection integrity and program oversight. The question employers face is no longer whether they test, but whether their testing program is intentional, compliant, and defensible.

Employer Guidance

As we enter 2026, employers should focus on building thoughtful adjudication processes, consistent hiring policies, and ensuring decisions are made in a fair and defensible way. As screening requirements continue to vary by state and city, employers can no longer rely on outdated policies.

 Employers benefit from working with an accredited background screening company that stays ahead of changing laws, helps translate regulatory requirements into practical hiring guidance, and supports consistent decision-making across the organization.

At GIS, we view compliance as an ongoing process, not a static checklist. Our approach is built around accuracy, jurisdiction-specific expertise, and transparency at every stage of the screening lifecycle. In today’s environment, compliance isn’t just about accessing data, it’s about having a partner who helps you use that information responsibly and confidently.

GIS continuously monitors legal and regulatory developments that affect background screening and integrates those changes into our searches, reporting practices, and workflows. We focus on ensuring that only legally reportable information is delivered, that adverse action processes align with applicable compliance requirements. Just as importantly, we help clients understand what their results mean and how to apply them.

The compliance landscape will continue to evolve, but the direction is clear. Background screening is no longer about checking a box. It is about building a process that is accurate, fair, and defensible. Employers who adapt to the shift will successfully manage risk, protect their organizations, and hire with confidence.