Author: Michael Gaul
The other day, I arrived at the office greeted by news related to three separate lawsuits involving employment screening companies, their employer-customers, and applicants trying to gain employment.
Each of these suits involves a complex web of legal issues and accusations – one involving an alleged failure to follow adverse action notification protocol that resulted in an expunged criminal record being used against a prospective employee; another revolves around the alleged misuse of background screening disclosure and authorization forms and reporting of background information that is not legal for a background check company to report (resulting in adverse action against a hopeful applicant); and the third was news of a $18.6M settlement over the use of unverified criminal database research.
The nitty gritty of these lawsuits are of great interest to people like me who spend their days thinking about employment screening practices. But for the average recruiter, hiring manager, CEO, and business owner who are simply trying to hire the best people they can, and who rely on employment screening providers to take care of checking the box on background checks, these lawsuits are easy to ignore. “It won’t happen to us.” “We’ve never had a problem before.” “I’m pretty sure we’re covered.” “My background screening provider knows what they are doing.”
The idea that a company’s practices might come under fire by a candidate who didn’t get the job due to the results of a background check is not a far-fetched idea. There is no better time than now for everyone involved in the process to heed the warning of these recent lawsuits to ensure our practices are tied up tight. Read the rest of this entry »