Posts Tagged: background screening

Naughty or Nice? NAPBS Advises Background Screening for Holiday Hires

Planning to skip the background screening on those temporary holiday hires? That could be a big mistake. The holiday season is the crescendo of the retail calendar every year. To manage the big surge in business, many retailers hire seasonal employees for routine jobs.  The short duration, and usually entry-level status of these jobs, may… Read more »

Target Corporation Bans the Box. Should Your Organization?

Minnesota employee advocates are claiming a victory over the Target Corporation, the nation’s second-largest retailer, based on a Huffington Post article published on October 29th. In that article, the Huffington Post reports that Target will “stop asking prospective employees about their criminal records in initial job applications.” As you may know, this policy is a… Read more »

EEOC Defends Guidance on Use of Criminal Records in Hiring

The Equal Employment Opportunity Commission (EEOC) issued a letter August 29th that defends its use of the concept of “disparate impact” in combating employment discrimination. The letter was in response to a challenge from the Attorneys General of nine states that called the EEOC position “An Attack on Criminal Background Checks in the Hiring Process”… Read more »

Court Rules Against EEOC in ‘Disparate Impact’ Case

In a stunning setback to the credibility of the EEOC’s enforcement of employers’ use of credit and criminal records, on August 9th, Judge Roger Titus of the U.S. District Court for Maryland dismissed the nationwide pattern or practice lawsuit brought by the EEOC against Freeman, Inc. The EEOC had alleged the corporate events service provider unlawfully… Read more »

The Hidden Impact of ‘Disparate Impact’

If you have been following our posts about disparate impact, you are familiar with the fact that the EEOC has stepped up efforts to enforce rules around employment discrimination based on it. Disparate impact may occur when a company’s employment policies have disproportionate “adverse impact” on members of a protected class under Title VII of… Read more »

The Why, What, and When of Individualized Assessments

About one year ago, on April 25, 2012, the EEOC issued revised enforcement guidelines on the use of criminal records in hiring decisions in compliance with Title VII of the 1964 Civil Rights Act. The big deal in the revisions was the recommended use of individualized assessments (IA) in hiring situations where a criminal record… Read more »

The Positive Side of a Negative Reference Check

According to SHRM, 96% of organizations use reference checks as a screening and selection tool, yet admittedly many experts question the value of reference checks as a valid indicator of job performance. Reference checks have been criticized for their declining value to employers as many companies establish policies against divulging anything more than basic information… Read more »

3 Good Reasons to Revisit Your Employment Screening Practices

There are some very compelling reasons to take a fresh look at your employment screening programs as recent developments in the regulatory environment combine to increase the risks associated with improper hiring practices. Here are three significant trends: 1. Increased Enforcement of Criminal Records Screening Practices The EEOC’s updated guidance on the use of criminal… Read more »