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Employment Background Check

Our field-tested solutions are designed to assist you with employee background checks, background check guidelines and pre-employment screening.

You’ll also gain a full understanding of the Fair Credit Reporting Act, to guarantee you’re in compliance with every facet of employment background checks

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Sometimes, it’s a close call to decide who will be the best fit for a job. Checking applicants’ references can break that tie. Just make sure you take careful notes during those discussions, and retain those notes in case there’s litigation.

Pepsi Beverages will pay $3.1 million to resolve EEOC charges that it discriminated against minorities when it refused to hire applicants with arrest records.

Sometimes, it’s a close call to decide who will be the best fit for a job or promotion. There may be several candidates with the relevant education, training and experience. If that’s the case, the decision may come down to who has the best “soft” skills—subjective qualities indicating a good fit. Checking applicants’ references can break that tie.

Q. We are re-examining our applicant screening process. One idea we’re considering is eliminating calling previous employers for reference checks. We haven’t found those calls to be very helpful, because most former employers will only confirm dates of employment and job title. Is this a good idea?
Q. Is it legal to institute a policy requiring all new hires to submit to a consumer credit report?
The EEOC issued an advisory letter last month that gives employers more clarity on their proper use of applicants’ arrest and conviction records during the hiring process.
Q. I understand that the Fair Credit Reporting Act (FCRA) requires disclosure to and authorization from job applicants prior to obtaining consumer reports concerning these individuals. My company obtains criminal background records on all applicants. Are these records considered “consumer reports” under the FCRA?
Q. We use an outside company to conduct criminal background checks on applicants. The company asked us if we were interested in having it conduct searches on applicants’ past civil claims. Is that something we should do?
Q. We suspect that one of our employees has filed a fraudulent workers’ compensation claim. We would like to hire a private investigator to gather information on his activities. By doing so, are we subject to the requirements of the Fair Credit Reporting Act?

Employers that develop clear, fair and transparent hiring processes seldom have to worry about losing a failure-to-hire lawsuit. That’s true even if they end up using so-called subjective reasons for not hiring a candidate. Simply put, judges are impressed when it looks like a potential employer bends over backward to ensure it doesn’t discriminate.

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