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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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.
Q. An employer asked us for a job verification on an employee we fired. The request includes a written consent form from the worker allowing the query. Can I release any and all information regarding the former employee’s history with us?
The state Department of Human Services failed to check educational and employment references for the director of the state’s largest mental hospital, according to a report by Minnesota Public Radio.
Sen. Chuck Schumer (D-N.Y.) and Sen. Richard Blumenthal (D-Conn.) have asked the DOJ and the EEOC to issue an opinion on one of today’s hot-button employment law issues: Is it a violation of the Stored Communications Act or any other federal law for an employer to ask job applicants to provide their Facebook passwords?
Here’s some good news for employers that check workers’ compensation claims against an applicant’s claim he’s never been injured on the job: You don’t have to inform him where you got the information before you take action because workers’ comp checks aren’t background investigations subject to the federal Fair Credit Reporting Act.
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