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Know the law: Background checks continue to trip up employers

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in Employment Background Check,Human Resources

Background checks can be useful tools to uncover misconduct or dishonest behavior at previous jobs or outside of work, and to determine whether an applicant ­possesses the positive traits desired in an employee.

They can also be useful to avoid later claims of negligent hiring if things go wrong with a new hire.

However, the decision to use background checks should be carefully considered and implemented. If you don’t follow the rules, background checks can cause more trouble than they prevent. Your background process can also become the basis for a class-action lawsuit.

Federal & N.Y. laws apply

First, be sure to know and observe the requirements of both the federal Fair Credit Reporting Act (FCRA) and the New York Fair Credit Report­­ing Act. These statutes largely mirror each other, and both contain technical requirements regarding the collection and use of background check information.

The state law contains more restric...(register to read more)

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