Posts By: Michael Gaul

The “Triple Threat” Has New Meaning for Your Background Screening Program

As we near the final stretch of the NBA playoffs, we have an apt analogy for a discussion of the “triple threat” facing today’s employers. In basketball, defenders must be prepared for an offensive player in the triple threat position to pass, dribble, or shoot. In today’s employment setting, companies are faced with the triple… Read more »

Key Takeaways from the New EEOC Guidance on Employment Criminal Records

On April 25, 2012 the EEOC issued its much-anticipated updated enforcement guidelines on employers’ use of criminal records (arrest and conviction records) in the employment screening process. Since then we’ve received many phone calls and emails asking questions about what this all means. The guidance specifically relates to Title VII of the Civil Rights Act… Read more »

Shock and Awe Over EEOC’s Updated Guidance on Employment Criminal Records

In case you haven’t heard, the EEOC on Wednesday held a public meeting to discuss its issuance of new guidance stated to further the Commission’s efforts to “eliminate unlawful discrimination in employment screening, for hiring or retention, by entities covered by Title VII…” The updated Enforcement Guidance on the Consideration of Arrest and Conviction Records… Read more »

Today’s EEOC Meeting to Discuss Regulations on Criminal Records Checks

In what is certain to generate much debate, discussion, and impact, today’s EEOC public meeting will discuss “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964.”  This meeting is a follow up to a previous meeting in July in which discussions… Read more »

NCLC Report Says Errors by Criminal Background Check Providers Harm Workers and Businesses

When things go wrong in the workplace – whether violence, theft, accidents, or worse – the conversation inevitably turns to what could have been done to prevent it and what more we should have known about the people involved. This is one reason why background checks are utilized by more than 90% of corporate America… Read more »

In Negligent Hiring and Retention it’s About What You Knew, Or Should Have Known

The case of a California minor who sued his public high school guidance counselor and the school district for damages arising out of sexual abuse and harassment by the counselor sends a clear warning to public and private employers alike: If you knew or should have known of an employee’s propensities for potentially damaging behavior… Read more »

In Background Screening, Treat Contingent Workers and Employees Equal

Contingent workers play an important part of the fabric of today’s employment landscape. Look inside your own company and you’re likely to find an increasing number of contracted workers filling increasingly important roles. We’re all aware of the need to distinguish between independent contractors and employees when it comes to taxes, payroll, and HR benefits…. Read more »