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Background Checks

Are criminal records ‘consumer reports’?

10/31/2011
Q. I understand that the Fair Credit Reporting Act (FCRA) requires disclosure to and authorization from job applicants prior to obtaining consumer reports concerning these individuals. My company obtains criminal background records on all applicants. Are these records considered “consumer reports” under the FCRA?

What are the pitfalls of conducting background investigations on job applicants?

10/12/2011
Q. We use an outside company to conduct criminal background checks on applicants. The company asked us if we were interested in having it conduct searches on applicants’ past civil claims. Is that something we should do?

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?