Posts Tagged: Adverse Action

What the Law Says About Adverse Action

Adverse action in employment (the process of denying an employment opportunity to a candidate or employee because of something revealed in a background check) can land an employer in a rugged territory of cross-cutting laws and regulations. With the increased coverage of Ban the Box laws in many state and local jurisdictions overlapping the federal… Read more »

10 FCRA Adverse Action Dos and Don’ts

When you’re considering denying employment as a result of a background check, your adverse action process takes over. The Federal Fair Credit Reporting Act (FCRA) requires that employers follow a process that begins before a final decision is made. Its intent is to protect candidates and employees from unfair employment-related decisions. To help you, here… Read more »

How to Explain FCRA Adverse Action to Your Applicants

Sometimes the person you are considering for employment gives you a reason to reconsider. When this “reconsidering” is due to information found on a background check you’ve ordered from a third-party provider and you decide you may have to disqualify the candidate based on what you found, adverse action protocol kicks in. You understand adverse… Read more »

Philadelphia Limits the Use of Credit History in Hiring Decisions

philadelphia credit check law

As part of its Fair Practices Ordinance, Protections Against Unlawful Discrimination, Philadelphia has enacted a measure that limits employers’ use of credit history in making employment decisions about applicants or employees. The law is effective as of July 7, 2016. We are used to hearing about jurisdictions adopting a Ban the Box law to restrict… Read more »

5 Tips for Using Criminal History in the Hiring Process

So, you want to know if your prospective employee has a criminal past? Looking into the criminal history of job applicants is a smart hiring practice. Given the high proportion of adult Americans with criminal records (the National Employment Law Project estimates 1 in four adults has a record of some kind), it is likely… Read more »

Avoiding the Perils of Social Media Employment “Checks”

A few months ago, Facebook announced that it had 128 million daily unique users in the United States. That’s over 1/3 of the population who viewed, updated, and shared personal bits of information with a network of “friends”, each of whom has his or her own network. Inevitably, a lot of the people on Facebook—and… Read more »

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 »