Employment Background Check — Page 4
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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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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.
North Carolina’s new Expunged Criminal Record bill will affect what questions employers may ask on job applications and during the hiring process. The law prevents most em­­ployers from asking about crimes and criminal charges that have been ex­­punged from job applicants’ records.
When an employer conducts a background search on an applicant entirely in-house using only the employer’s staff, background check laws generally don’t apply. How­­ever, when an employer pays an outside entity to screen applicants, it must obey background check laws, including the FCRA and applicable state laws.
Minnesota has joined the league of states that have adopted “ban the box” legislation that bars most employers from obtaining or asking for an applicant’s criminal history before the applicant has either been selected for an interview or received a conditional job offer.
Q. When should we be doing our background checks: Before an offer is made? After the offer is made and before employment? Or after employment has begun? We generally do the check after we make an offer and before employment starts. 
When negotiating contracts with employee outsourcing firms, many organizations make background checks an afterthought and leave the specifics up to the agency. That’s a big mistake.
The EEOC has filed separate lawsuits against BMW and the Dollar General retail chain, alleging that the companies’ criminal background check policies illegally resulted in employees being fired and others being screened out for employment in violation of Title VII.
The NAACP and the advocacy group Take Action Minnesota have accused retail giant Target of unfair hiring practices, alleging that the chain unnecessarily rejects job applicants based on their criminal records.
The Office of Federal Contract Compliance Programs has issued new guidance about how and when federal contractors may use a job applicant’s criminal background in the hiring process.

Q. We are considering instituting a criminal background check policy for all employee positions. We’ve heard scary stories of lawsuits regarding negligent hiring, and we’d really like to avoid that sort of litigation, not to mention the negative media attention. Is there any downside to having an “across the board” criminal background check policy?

Starting Jan. 13, 2013, employers that obtain background checks from consumer reporting agencies must give applicants and employees a new, updated version of the Summary of Rights under the Fair Credit Reporting Act form.
A new Ohio law designed to make convicted criminals more employable means you must immediately review your hiring practices.

It is essential that employers conduct comprehensive and legal background checks to corroborate job applicants' qualifications or delete them from consideration. Employee background investigations that involve checking references, driving records, criminal records, and credit records require adherence to state statutes and federal laws, such as the Fair Credit Reporting Act.

Every employer using credit reports to make employment decisions must abide by the Fair Credit Reporting Act (FCRA). To do that, employers must have a legitimate business need for consumer credit reports, and must take certain steps both before and after they initiate an adverse action based on those reports to avoid violating the law.
Earlier this year, the EEOC issued up­­dated guidance on how employers should use arrest and con­­viction records when making hiring decisions. If you use criminal background checks to screen applicants and employees, this affects you! Fact: Checks that were once routine are now under the gun.
In April, the EEOC issued a new Enforcement Guidance document on the use of criminal history information in making hiring and other employment decisions. In light of the guidance and the EEOC’s increased focus on discrimination in hiring, employers should review and update their criminal history screening policies and practices.

Workplace lawsuits arise from negligent hiring when failure to conduct comprehensive background checks leads to employee-instigated injury or harm. Background investigations into past employment histories and possible felony convictions are just two of the steps necessary to lower the liability for being hit by negligent hiring legal claims.

New, official EEOC guidance reinforces the commission’s view that using criminal histories to screen out job applicants can violate Title VII of the Civil Rights Act by having a disparate impact on minorities.

Reference checking should be part of every company's hiring process. Due to fear of lawsuits, though, many former employers may be reluctant to provide much information about candidates you're considering. Here are various techniques to use to elicit this important information from them.

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