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PBSA Journal PAGE 11 JAN/FEB 2025 Except where otherwise indicated, articles are copyright © by PBSA 2025. All rights reserved. Policy Updates for CRAs: Navigating Compliance Across Political Divides Continued from page 10 These personified examples may seem far-fetched but many legal precedents in America were set based on far- fetched situations that have only occurred once. Many 'Blue' (Democratic) states have started to pass laws protecting individuals that may find themselves in these irregular situations like in the above examples. CRAs operating in these states may be forced to change their policies based on current legal statutes. In November 2024, New York implemented its Clean Slate law which has until 2027 to seal certain criminal records over a certain age. It is still a work in progress as the Office of Court Administration (OCA) ramps up the procedures for sealing. Part of the law requires reviewing convictions from jurisdictions outside of New York to identify cases for sealing potential. Convictions related to "reproductive or gender affirming care or the possession of cannabis" are considered not applicable, as these are not considered crimes in New York state. CRAs operating in New York may not be aware of this minute detail in their Clean Slate law. Actionable Steps for CRAs Although many end users have their own policies determining which adverse records in background checks may lead to rescinded job offers, CRAs still face potential legal exposure. Beyond the legal ramifications, CRAs also bear an ethical responsibility. It is essential for CRAs to encourage their clients to understand these complex issues and establish clear policies on whether certain types of offenses will be deemed adverse in their hiring decisions. CRAs should initiate dialogue with their clients to ensure mutual understanding of legal and corporate ethical responsibilities. End users need to understand the depth of these issues and examine how including such information might expose employers to lawsuits or reputational damage. Exploring whether such disclosures create more harm than good for workplace inclusivity. CRAs should also look to strengthen partnerships with their current vendors as well as advocacy groups in their area. CRAs are responsible for providing factual, accurate, and compliant information to their clients. They should not let political, cultural, or personal biases influence the reporting process. CRAs should implement safeguards to ensure that sensitive data is handled impartially and reported strictly in accordance with laws and client policies. Guidelines on ethical duties while reporting sensitive data should be created and/or updated. CRAs should invest in training their employees to recognize and mitigate implicit biases when handling sensitive data. Training topics could include 'The ethical obligation to report factual information without bias' and 'How to manage and disclose sensitive or controversial data.' To enhance effectiveness, consider incorporating interactive elements such as workshops and role-playing exercises, enabling employees to practice and visualize the application of these concepts in real-world scenarios. PBSA does a great job of tracking introduced bills and other pending legislation items on the U.S. Legislative Action Center on the PBSA website. If you have not reviewed the Master Bill List online yet, this is a PSA to go check it out! Reviewing this tracker regularly is a key component of getting ahead of potential legislation that may require policy updates. In addition, annual or possibly even semi-annual reviews with legal experts to interpret emerging laws will assist your organization in keeping compliance at the forefront of your operations. As we step into 2025, this article aims to spark reflection on the challenges ahead. In 2024, lawsuits against CRAs increased, underscoring the importance of proactive legal risk mitigation. By embracing neutrality, foresight, and ethical responsibility, CRAs can navigate these challenges while setting a standard for fostering inclusivity and trust in the workplace. The path ahead is complex, but with proactive measures, our industry can uphold compliance, protect clients, and promote fairness and equity in hiring practices. l Rebecca Harris is the owner of Diligent Data Services, the most experienced New York court wholesaler. She currently enjoys wedding planning and doing crafts. She is Secretary of her local SHRM Chapter. She currently lives in upstate New York with her fiancé Joe and their two cats, Mr. Sweetie and Paisley.

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