Background Checks

First Transit sued over criminal background checks

09/03/2010

Cincinnati-based First Transit faces charges that its policy barring all applicants who have a felony conviction disparately impacts minorities and therefore violates the Civil Rights Act.

Lesson from the court: Never disclose former employees’ medical info

08/20/2010

“Hi, this is Mike from XYZ Company. I’d like to ask you a few questions about a former employee whom you used to manage.” At some point in managers’ careers, they’ll receive such a phone call from an ex-employee’s prospective employer. Be careful: One simple mistake in your response could trigger an expensive lawsuit. Remember: Never disclose medical information about former employees.

Ensure your hiring process is rational, clear

08/12/2010

If you can’t explain how you select candidates or why you hired one applicant instead of another, get ready for court! However, there’s a simple, two-step way to keep from being sued: 1. Create a hiring process that makes sense. 2. Follow it rigorously.

How to safely handle calls for references, recommendations

08/03/2010

The unemployment rate has been hovering between 9% and 10% for more than a year. Some of those unemployed people probably once worked for you—and they would probably love to list you as a reference. That means it’s time to make sure you have policies on how to handle reference-check calls.

Checking applicant references: How to dig the dirt–legally

07/26/2010

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:

Are there privacy concerns when I use social media to check out applicants?

07/23/2010

Q. Am I invading applicants’ privacy by reviewing their Facebook, MySpace, blogs and Twitter feeds?

Am I allowed to check social media web sites for information on job applicants?

07/23/2010

Q. Is it OK for me to consider information about a job applicant that I learn by using Google, viewing Facebook pages and reviewing Twitter feeds?

Is our policy on criminal records legal?

06/09/2010

Q. We currently have a policy against the hiring of anyone with a felony conviction. Can you shed some light on whether this policy is legal?

Know the law governing background criminal and credit checks

06/02/2010

No law bars employers from conducting criminal background checks. However, conducting checks when it isn’t necessary not only wastes resources, it may increase the risk of being sued. The same is true of credit checks. Two lawsuits challenging the fairness of background checks serve as cautionary tales for employers.

EEOC, N.J. man say Accenture’s background checks are biased

05/26/2010

Management consulting giant Accenture faces a class-action lawsuit over its use of background checks on job applicants. The suit, filed in New York, alleges Accenture’s policy of background checks has a disparate impact on minorities.