Background Checks

Is your organization still hiring? Don’t skip the background check

04/24/2020

With many courts closed and background-checking vendors working at reduced capacity, some employers may be tempted to skip the background check on new hires. But if you’re still hiring, it’s best not to take that shortcut.

Confessing previous firing doesn’t equal defamation

03/02/2020

Potential employers often ask up-front whether an applicant has been fired for cause in the past. Recently, a fired worker tried to claim that having to reveal the past amounted to self-defamation. It didn’t work.

Feds, fed contractors must soon ban the box

01/07/2020

On Dec. 20, President Trump signed into law a measure that will make it unlawful for federal government employers and federal government contractors to ask job applicants about their criminal histories until after they have formally extended a job offer.

OK to revoke job offer for false application

12/20/2019

When you find a promising candidate for an opening, make your offer contingent on passing a background check. If that investigation reveals disturbing information such as including false information on the application, you may revoke the offer.

Background checks cost retailer $6 million

12/02/2019

You may think it’s good business to run criminal background checks on all applicants. It’s not. In fact, poorly run criminal background checks can be a multi-million dollar mistake.

Ban criminal history queries on applications

09/05/2019

It’s time to reconsider your practice of asking potential employees about their criminal record histories. That’s especially true if you ask the question upfront, on your application or before you have even reviewed candidates’ other qualifications.

Texas suit challenges EEOC background check rules

08/01/2019

The 5th Circuit Court of Appeals recently heard oral arguments in a case brought by the Texas Attorney General’s Office. The suit challenges 2012 EEOC guidelines on the use of criminal background checks in hiring.

Criminal background checks in the Ban the Box era

07/09/2019

If and when to use hiring tools such as background checks for employment and criminal background checks depends on many factors.

Questions and answers: How to hire in a legally safe way

07/02/2019

If it goes well, hiring a new employee is the beginning of a fruitful working relationship. But hiring can also be a legal minefield in which one wrong step can lead to a costly lawsuit. This Q&A is designed to keep you on the right hiring path.

Appeals court clarifies FCRA disclosure requirements

04/10/2019

The federal Fair Credit Reporting Act remains one of the most contentious and expensive litigation areas for employers. Now the 9th Circuit has again weighed in on this issue, raising the standard required to meet the disclosure requirements.