Background Checks

Does the FCRA cover private eyes looking into workers’ comp fraud?

09/16/2011

Q. We suspect that one of our employees has filed a fraudulent workers’ compensation claim. We would like to hire a private investigator to gather information on his activities. By doing so, are we subject to the requirements of the Fair Credit Reporting Act?

What is Philadelphia’s law on requesting info on applicants’ criminal records?

08/23/2011

Q. Our company has an office in Philadelphia. Can we ask about an applicant’s criminal and arrest record when recruiting employees to work there?

That’s not a contract! Feel free to make hiring contingent on passing background check

08/23/2011

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.

Clear and fair hiring process yields the best candidates–and impresses judges

08/10/2011

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.

When evaluating job applicants, do you do a Google or Facebook search on them?

07/29/2011

Readers are split on whether it’s appropriate to conduct online searches to learn more about job applicants.

New limits on use of credit reports take effect in July

07/07/2011

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.

Court lets employer ask EEOC about credit checks

06/30/2011

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.

When hiring, what shouldn’t we ask?

06/23/2011

Q. Are there any questions we cannot or should not ask a reference when screening applicants?

Check your hiring practices! EEOC takes aim at systemic bias

06/23/2011

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.

Hot streak over? EEOC loses bid to limit credit histories in hiring

06/08/2011

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.