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
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:
In a recent case, EEOC v. Kaplan Higher Education, employers scored a major victory. Now, perhaps, we can expect more courts to look skeptically on some of the EEOC’s tactics, giving employers more tools to build the workforces they need.
The EEOC has been pushing the idea that using credit reports to screen job applicants may discriminate on the basis of race—and it’s actively pursuing cases in federal court. But now an Ohio federal court has limited the scope of a class-action lawsuit after the EEOC wanted to include many years of hiring history.
The EEOC received a record 99,922 charges in the 2010 fiscal year—the most the agency has received in its 45-year history. Given this sharp increase in charge activity, now is a good time to review your personnel policies and practices to make sure you’re taking appropriate steps to help prevent potential discrimination claims.
On July 21, a new amendment to the Fair Credit Reporting Act (FCRA) kicks in that affects employers using consumer reports that include credit scores to make employment decisions.