Posts By: Michael Gaul

FTC to Employers: The FCRA Covers Employment Screening

Two recent settlements announced by the Federal Trade Commission (FTC) drive home the point and serve as an important reminder that employment background screening is subject to the federal Fair Credit Reporting Act (FCRA). You, as an employer, should understand how the FCRA relates to your employment screening program and ensure that your consumer reporting… Read more »

Kaplan 2, EEOC 0

The intriguing results of a highly-publicized EEOC lawsuit highlight that if the EEOC is to win a judgment against an employer for disparate impact discrimination, it must use valid statistical methodology to prove “disparate impact”. This case demonstrates why that will not be easy to do. EEOC v Kaplan The EEOC recently sued Kaplan Higher Education… Read more »

Social Media Background Checks: a Pandora’s Box

Social media succeeds because it connects people with personal information. That personal information is exactly why some employers want to delve into applicants’ and employee’s social media accounts. These informal social media background checks promise the kind of unfiltered view of a person’s character you just can’t get easily. Or, does it? The fact that… Read more »

Is Background Screening Stuck Between a Rock and a Hard Place?

Employers are sometimes forced to walk a narrow line between treating applicants with criminal backgrounds fairly and minimizing hiring risks. The problem is that the employers will be held accountable if something goes wrong on either side of this path. They can be sued for negligent hiring if an employee goes berserk, and they can… Read more »

Ban the Box Momentum Claims San Francisco

In the past week the San Francisco County Board of Supervisors passed an aggressive version of Ban the Box legislation. This new ordinance would go beyond many similar laws to include private businesses, and it explicitly incorporates provisions taken from the 2012 EEOC guidance on the use of criminal records in hiring. The “Fair Chance”… Read more »

Your Candidate Has a Criminal Record. Now What?

Did you know that fully 1 in three Americans has a criminal background of some kind? Given that frequency, it is almost certain that an employer who conducts background checks as part of the hiring process (90% of employers do) will find applicants with criminal records. If employers used this background information to exclude anyone… Read more »

5 HR Resolutions for 2014

The overall goal of every HR manager and recruiter is to hire and retain the very best people who will make strong contributions to the organization’s success. But doing this means navigating the FCRA EEOC FTC ADA CFPB alphabet soup of regulations and regulatory agencies without losing sight of who those best people are.  … Read more »

Elements of a Comprehensive Background Check [Infographic]

Employers are turning more often to background checks to help them make better hiring decisions. Partly in response to this, background screening companies have developed procedures to deliver comprehensive background checks cost effectively. These comprehensive checks explore a wide range of personal background data found through both public and private sources. The benefit to employers… Read more »