A proposed amendment from the Michigan Supreme Court to redact the Date of Birth (DOB) from court records has been delayed. In a statement released yesterday afternoon by the Professional Background Screening Association (PBSA), the non-profit trade organization claimed a “partial victory.”
“PBSA is thrilled to advise the Michigan Supreme Court issued an order that delays implementation of their rule which would make dates of birth unavailable. The implementation date has been changed from July 1, 2021, until January 1, 2022,” according to the statement.
GroupOne Background Screening has been a long-standing member of PBSA for over a decade.
“We have been provided a reprieve,” said Danny Davila, GroupOne’s director of FCRA Regulatory Risk and Consumer Compliance Advisor. “The amendment was an alarming move for both background screeners and their clients across the U.S. Access to a full DOB for background screeners is often a minimum requirement to confirm a record as a match to a job candidate.”
PBSA said its staff will continue to work on behalf of its members.
“We expect many courts are not yet aware of this delayed implementation schedule and will continue our communications with the courts to ensure they are aware over the next several days,” said the PBSA in its statement. “We thank all of our members who have engaged on this matter, particularly our members in Michigan and the Michigan Task Force for making this happen. This was a battle, and we thank everyone for their significant efforts that allowed us this progress.”
On June 9, PBSA sent a letter to the Michigan Supreme Court detailing the affect such an amendment would have on the industry: “Background checks are a critical component of the employment and rental process. Employers, property managers, and consumers alike depend on our members to search public records to determine whether a particular record belongs to a candidate being considered for employment or housing.”
On June 27, PBSA also asked members to distribute a letter to clients detailing the impact to background checks should the DOB be removed from records: “PBSA will continue to exhaust all options to reverse this disastrous rule which diminishes safety in our workplaces, homes, and communities.”
For questions, please do not hesitate to contact Davila at [email protected].