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Background Checks

Fair Credit Reporting Act doesn’t apply to complaints that lead to firing

05/06/2010
If you decide not to hire an applicant based on a background check, the applicant has a right to see the information the reporting agency provided. But what about complaints from customers or clients that become the basis for termination? Do those complaints have to be disclosed to the fired employee? Not according to a recent 5th Circuit Court of Appeals decision.

Feds turning up heat on HR background checks

05/05/2010
Get ready for increased legal scrutiny and regulations of your background screening and prehire testing procedures. In recent months, the EEOC, Congress and state legislatures have signaled interest in putting new restrictions on employers.

Why should we keep our policy of not providing references for former employees?

04/28/2010
Q. We have a few supervisors who think it’s OK to write reference letters only for “good” employees. But our policy says supervisors can’t issue reference letters for any current or former employee. I’m having a hard time finding a reason that justifies our policy. Any suggestions?

Ring of fire: Don’t get burned by a reference call

04/28/2010
We’ve all picked up the phone and been asked to give a reference about a former employee. For some, you’re glad they are out of your hair and it’s too late for them to sue you. So you’re honest about the person. But be careful. As a new case shows, it may never be too late for a former employee to take you to court …

Are applicant ‘blacklists’ legal?

04/20/2010

Employers typically don’t want to hire applicants who haven’t succeeded elsewhere. So they sometimes create a blanket “no-hire” rule for applicants who aren’t eligible for rehire by their former employers. Such a policy can give you cover against possible retaliation complaints. But if you’re tempted to draft such a policy, be careful: Make sure you enforce the rule uniformly.

The HR I.Q. Test: April ’10

04/20/2010
Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

How should we handle inquiries about age that we need to conduct background checks?

04/15/2010
Q. We require all applicants to complete a pre-employment screening form that asks for their date of birth. The firm that conducts our background checks needs that information to perform the screening. Does this practice run afoul of laws that prohibit discrimination on the basis of age?

Pros and cons of creating applicant ‘blacklist’

04/12/2010

Employers typically don’t want to hire applicants who haven’t succeeded elsewhere. So they sometimes create a blanket “no-hire” rule for applicants who aren’t eligible for rehire by their former employers. Such a policy can give you cover against possible retaliation complaints. But if you’re tempted to draft such a policy, be careful: Make sure you enforce the rule uniformly.

The hidden HR hurdles of health care reform

04/06/2010
It’s no wonder that some provisions of the recently enacted health care reform law flew under the media radar. After all, it’s more than 2,000 pages long. But HR pros need to know about new requirements concerning reporting of employer-provided health benefits, breastfeeding at work and background checks for health care workers.

New online services give aid to résumé cheaters

03/17/2010

The Internet continues to make HR’s job of verifying résumé claims almost impossible. As job-seekers have become more desperate in the past year, a host of new online services have emerged that help applicants falsify their résumés.