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
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?
A woman who claims the Wood County Sheriff’s Office rescinded a job offer is suing the county, alleging it discriminated against her because of her age and disability.
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.
It’s common to tell a job applicant he’s hired—as long as a background check doesn’t reveal anything that would disqualify him. But some applicants think such an offer creates a contractual relationship. Under most circumstances, it doesn’t.
In an unusual twist, a federal trial court considering an Ohio case has permitted an employer being sued by the EEOC to ask pointed questions about the EEOC’s own hiring practices.
Background checks into arrest and conviction records must follow strict steps, so employers know when and where it's legal to request details of such actions, and where they must draw the legal line. Sample hiring policies can help avoid legal liability when conviction records are in question.
As its workload has increased, the EEOC has sought greater funding so it can pursue cases in which employer hiring practices discriminate broadly against members of protected classes. Those practices include using criminal background checks and credit-history checks to screen applicants.
Employers operate in an increasingly complex legal environment, made all the more difficult by the tough economy. Hiring has emerged as a particular trouble spot. Here are the key liability hot spots you must watch out for in the hiring process: