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.

THC

THC Screening Banned in 1 State, 1 City

As more states move to legalize marijuana, both recreational and medical, one state and one major city are taking legalization to the next level: by banning preemployment drug testing for tetrahydrocannabinol (THC), the active ingredient in marijuana.

Criminal

Factors to Consider with Applicants Who Have Criminal Records

In a previous post, we discussed the recently signed FIRST STEP Act, which reduces sentences for thousands of nonviolent criminals and promises to provide shorter sentences for certain nonviolent crimes going forward. When it comes to a particular individual, the criminal justice system has two primary goals: punishment and rehabilitation.

Criminal

How the Fair Credit Reporting Act Affects Hiring and Firing

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.

reference

4 Tips for Helping Jobseekers with References

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.

history

Ban-the-Box and Salary History Prohibitions: Impact on Employers

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 […]

criminal

Job Applicants with Criminal Charges, Convictions: What Can Employers Do?

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.