Background Checks

EEOC: We’re watching how you run criminal checks

05/09/2012

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.

Schumer jumps into Facebook password fray

05/03/2012

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?

What are the rules on giving truthful references about former employees?

04/24/2012

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?

Court: Professional licensure can require fingerprinting

04/19/2012

A federal court has upheld a California state requirement that nurses who want to renew or apply for a professional license must submit a set of fingerprints along with their applications. The prints are needed to conduct criminal background checks.

Report alleges state didn’t investigate hospital head

04/12/2012

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.

Background check into workers’ comp claims isn’t subject to Fair Credit Reporting Act

03/08/2012

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.

Survive EEOC crackdown on background checks, leave policies

03/08/2012

The EEOC received a record 99,947 charges in 2011. Given this sharp increase in charge activity, now’s a good time to review your personnel policies. Consider two EEOC enforcement trends: scrutiny of background checks and inflexible leave policies.

Reference checks: How to dig the dirt–legally

02/28/2012

As part of the hiring process, supervisors are sometimes called on to check an applicant’s references. Those phone calls can help you accurately assess a person’s strengths, weaknesses and past job performance. But checking references can also be challenging—and legally tricky. Here are six guidelines for soliciting information without bumping into legal issues:

When making reference-check calls, take and retain good notes

02/23/2012

Sometimes, it’s a close call to decide who will be the best fit for a job. Checking applicants’ references can break that tie. Just make sure you take careful notes during those discussions, and retain those notes in case there’s litigation.

Bill would limit using credit histories in hiring

02/13/2012

Florida State Sen. Gary Siplin has introduced a bill that would limit an employer’s use of an applicant’s credit history as a hiring criterion unless it “is shown to be directly related to the position sought by the applicant.”