Background Checks

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.

Consider outsourcing background checks

02/06/2019

Have the vendor limit the information it passes along to brief summaries instead of exhaustive details about applicants’ backgrounds.

N.Y. legal update: Preventing data breaches, criminal records checks

01/29/2019

This month, we bring you news on data breaches and further restrictions on using criminal records in the hiring process.

How will upcoming expungement of marijuana-related records affect hiring?

01/11/2019

Q. We’ve heard that soon, Californians who have prior marijuana convictions may have their marijuana-related criminal records expunged. How might this affect our hiring processes?

Business necessity can justify criminal ban

10/29/2018

A number of convict-rights advocacy organizations have sued, alleging that some employers aren’t doing enough to prevent inadvertent discrimination on the basis of criminal histories. Fortunately, employers have a defense against such lawsuits.

Snapshot: Who knows about ban the box?

08/14/2018

Eleven states and dozens of localities make it unlawful to ask about arrests or convictions on job applications.

How to comply with laws regulating criminal background checks

08/06/2018

Employers want safe workplaces. Applicants with criminal records want a chance at gainful employment. Balancing those interests requires paying careful attention to laws that regulate inquiries about applicants’ criminal histories or arrest records.

‘Clean slate’ law helps ex-cons, adds employer responsibilities

08/01/2018

Pennsylvania governor Tom Wolf has signed a “clean slate” bill designed to help people convicted of nonviolent crimes obtain gainful employment.

In rare cases, expunged records can be used to exclude a job applicant

07/30/2018

Generally, California employers cannot use expunged criminal records as the basis for not hiring or for discharging an employee. However, there are some exceptions.

Required security clearance doesn’t violate CHRIA

07/10/2018

The Pennsylvania Criminal History Records Information Act restricts how employers may use criminal records in hiring. That doesn’t mean employers cannot require a security clearance from an outside agency.