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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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.
Can a paycard vendor request access to an employer’s I-9 data so it can verify the identity of the employees to whom it will be issuing paycards? The DOL has weighed in on the question.
Q. We have several positions in our company that require financial discretion. May we perform background checks on applicants for these jobs?
San Francisco has “banned-the-box” on employment applications and has added other restrictions on private employers’ ability to obtain and use criminal history information. The City and County of San Francisco Board of Supervisors passed the Fair Chance Ordinance in February, and the new law goes into effect Aug. 13.
Take too lax an approach to reviewing identity documents for the purpose of completing I-9 forms and you could run afoul of the Immigration Reform and Control Act. But as two employers learned in April, imposing overly rigorous document requirements on workers can violate the Immigration and Nationality Act.
Employees who lose a job often don’t believe the discharge reason their employer provides. They look for some apparent underlying illegal discrimination and sue. Smart employers are ready to explain the entire discharge process from beginning to end.
Q. I received a call from an employee I recently fired, letting me know she listed me as a reference. She was terminated because of performance. Can I disclose that information to a potential employer?
The EEOC has released a technical assistance document explaining how employers can legally conduct background checks for employment purposes. The Web-based “Background Checks: What Employers Need to Know” doesn’t introduce any new requirements, but does offer tips on complying with the law, as well as best practices employers should follow.
Q. Is it lawful to ask about a person’s driving record (accidents and violations) on the job application?
HR Law 101: Most organizations ask candidates to fill out a job application. Make sure that yours meets federal, state and local requirements. Don’t ask for information that could be considered discriminatory ...
Q. I have heard that the state’s new immigration laws restrict how we handle documenting an applicant’s right to work. Can you tell me more?
Minnesota is joining a number of other states in prohibiting employers from asking job applicants about their criminal records prior to a job interview. Here’s what you need to know about Minnesota’s new “ban the box” law.
The Minneapolis Star Tribune recently ran an investigative report showing how easily Minnesota nurses can evade background check requirements and how few face discipline for serious misconduct. Now the Minnesota Nurses Association (MNA) has come out in favor of tougher standards.
The state of Texas filed a federal suit against the EEOC, disputing guidance that discourages employers from instituting total bans on hiring convicted felons.
You may have heard that the EEOC is cracking down on employers that use criminal records in hiring. But that doesn’t mean you can’t ask in the hiring process.
Minneapolis-based retail giant Target has agreed to remove any questions concerning job applicants’ criminal background from its applications nationwide.
Sen. Elizabeth Warren has introduced a bill that would prohibit employers from requiring job applicants to disclose their credit histories. Ten states already prohibit the practice, but chances of a nationwide ban appear slim.
Dallas-based trade show and convention management firm Freeman has beaten back an EEOC lawsuit that challenged the firm’s use of criminal background checks in hiring. The EEOC sued in 2009, claiming Freeman’s criminal background checks had a disparate impact on blacks, Hispanics and men.
Transportation giant J.B. Hunt has agreed to revise its hiring policy that the EEOC claimed prohibited hiring anyone with a criminal record. The case began with a single black applicant who was denied a truck driving position because he had been convicted of a crime.
Good news for employers that have had to revoke conditional employment offers: Employers that discover disqualifying information after an offer has been tendered but before the candidate starts work are free to revoke the offer. That won’t result in a big jury award.
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