Employers that engage third-party agencies for assistance in conducting background checks on employees or job applicants or gathering information for workplace investigations must strictly adhere to the Fair Credit Reporting Act’s (FCRA) notice and authorization requirements.
Category: Reference & Background Checks
Reference checking and background checking are critical (but not easy) parts of the recruiting process. Legal pitfalls abound, especially with discrimination, privacy, and third party participation.
As recruiters, you may work directly with jobseekers to perfect their résumés and help them stand out among a sea of applicants. Besides making sure the résumé is flawless, you should also work with candidates to make sure they have a solid reference list—otherwise, the candidate runs the risk of being passed over.
Class action lawsuits involving the federal Fair Credit Reporting Act (FCRA) are not the only compliance concern for employers performing background checks in an increasingly complex legal environment. In addition, employers are impacted by state and local requirements, including “ban the box” laws and salary history prohibitions. This article is a brief introduction to these […]
New Orleans, Louisiana, is joining the ranks of cities and states “banning the box” from its job applications.
Background screening is a step in the employment process that involves analyzing past and present details about a prospective employee before hiring. In the past, a background check was not necessary for the hiring process as companies were more concerned about the skills and qualifications of a potential employee. However, due to the drastic changes […]
Employers often use job applications to seek information about candidates’ conviction records. Criminal background checks are often performed before hiring an employee. The reasons for seeking the information seem obvious, but unfortunately, how the information can be used is not.
A new North Carolina law offering protections against negligent hiring and retention claims is set to take effect on December 1.
Most people who have filled out job applications have at one time or another seen the question asking whether the applicant has ever been convicted of a crime. This could mean either a misdemeanor, relatively minor crimes punishable by up to a year in jail, or felonies, serious crimes that could be punished by years […]
Most employers perform some form of background screening on prospective employees. Often, this is conducted as a condition of the job offer. The candidate proceeds through the hiring process and is made a conditional offer, and the offer proceeds if nothing negative is discovered through the screening process.
As recruiters, hiring managers, and HR professionals are aware, background checks are of the utmost importance when hiring candidates for specific roles. However, what some may not realize is that there are potential hidden dangers to using a background screening service.