Posts By: Michael Gaul

Do Employment Background Checks Take More Effort Than They’re Worth?

As a business owner or hiring manager, you’re likely already using employment background checks or have at least considered using them to screen your applicants and employees. One reason employers neglect to background check their employees is the belief that the process requires more effort than it’s worth. To evaluate this belief it’s important to… Read more »

Alleged Rapist Passed the School District’s Criminal Background Check

The recent story of a school district employee hired with a rape allegation on his record is enough to make us all cringe. We see the headlines and wonder how someone like this can pass a background check? To answer this question we need to examine the numerous ways “criminal background checks” can be performed…. Read more »

NELP Report Claims Widespread Abuse of Employment Criminal Background Checks

The National Employment Law Project (NELP), a nonprofit research and employment advocacy group, released a report in March of this year that claims to have uncovered employment discrimination cases involving employment criminal background checks and some of the nation’s largest employers. Specifically, the study surveyed Craigslist postings across the nation and says to have found… Read more »

Background Screening and the Revised EEOC ADA Regulations: What You Need to Know

You may recall the ADA Amendments Act of 2008 (ADAA).  Effective Jan 1, 2009 the ADAAA made a number of significant changes to the definition of “disability.”  In turn, it also required the EEOC to amend its own ADA regulations to reflect those found in the ADAAA. If you employ 15 or more employees, if… Read more »

Employment Background Checks without Permission? Tisk-Tisk.

In what could become the largest-ever employer-related settlement claim, a Federal Court judge ruled that school bus contractor, First Student, is part of a proposed $5.9 million settlement fixed to criminal background checks that were conducted without written permission. Perhaps we shouldn’t be shocked to hear that anyone might be doing employment screening without consent… Read more »

Inspector General Releases Report, “Nursing Facilities’ Employment of Individuals with Criminal Convictions"

Findings offer important implications for criminal background checks at nursing facilities At the request of a member of Congress, the Office of Inspector General (OIG) recently released the results of its evaluation of Medicare and Medicaid nursing facilities to measure and assess the existence of employees with criminal convictions at facilities nationwide. The findings are… Read more »

Negligent Hiring or Negligent Retention: Is there really a difference?

We frequently read of negligent suits brought on by claimants who contend they were injured in some way by an accused subject whose owed duty of care was not upheld. In other words, individuals, groups, or organizations failing to uphold a legal duty of care while performing an act that could foreseeably cause damage to… Read more »