Background Checks

Employer beats EEOC in credit-history fight

06/07/2011

The EEOC has been pushing the idea that using credit reports to screen job applicants may discriminate on the basis of race—and it’s actively pursuing cases in federal court. But now an Ohio federal court has limited the scope of a class-action lawsuit after the EEOC wanted to include many years of hiring history.

Hire education: Your step-by-step guide to legal hiring practices

06/07/2011

Employers operate in an increasingly complex legal environment, made all the more difficult by the tough economy. Hiring has emerged as a particular trouble spot. Here are the key liability hot spots you must watch out for in the hiring process.

Philadelphia limits questions on criminal records

05/27/2011

Effective July 12, 2011, Philadelphia employers with 10 or more employees will be limited in their ability to inquire about job applicants’ criminal records. Under the Fair Criminal Record Screening Standards Ordinance, employers must treat inquiries into criminal convictions much the same way they must treat inquiries into an applicant’s disability under the ADA.

Are you ready for the EEOC’s enforcement crackdown?

05/11/2011

The EEOC received a record 99,922 charges in the 2010 fiscal year—the most the agency has received in its 45-year history. Given this sharp increase in charge activity, now is a good time to review your personnel policies and practices to make sure you’re taking appropriate steps to help prevent potential discrimination claims.

Bias against applicants who never apply? Ruling in case involving criminal background checks

05/04/2011

Under limited circumstances, a job applicant might be able to win a discrimination lawsuit without actually applying for a job. For example, someone could conceivably prove that it would have been be futile to even bother filling out an application. Fortunately, such cases are rare.

Applicant has filed for bankruptcy? Private employers can refuse to hire because of it

05/02/2011

In tough economic times, people who lose their jobs often have to file for bankruptcy. But some employers frown on bankruptcy and don’t want to hire someone who can’t pay his or her bills. Now the 5th Circuit Court of Appeals has ruled that a private employer is free to turn down an applicant because he or she filed for bankruptcy.

Hire education: A step-by-step guide to legally safe hiring practices

04/08/2011

Remind bosses: Reference check calls go to HR

03/01/2011

If your managers and supervisors respond to reference calls by offering negative information, a lawsuit is probably coming. One reason: A whole new industry has emerged to help former employees find out what their old bosses are saying about them. That makes it more important than ever to refer all reference check calls to HR.

Are resumes going the way of the dinosaur?

02/16/2011

Job search tools are always changing, and according to HR managers surveyed recently, the traditional resume may be on its way out. Thirty-six percent of respondents believe resumes will eventually be replaced by profiles on networking sites such as LinkedIn and Facebook…

Applicant filed for bankruptcy: Can you refuse to hire him?

02/08/2011

Have you ever thought of not hiring an applicant because he or she had previously declared bankruptcy? Maybe you thought that was discriminatory. But a court last month said, “Don’t worry.” Private employers won’t violate the U.S. Bankruptcy Code if they refuse to hire. But firing based on bankruptcy status is another story …