Posts Tagged: EEOC

Words to the Wise about Social Media Background Checks for Employment

The treasure trove of personal information that has collected on social media is irresistible. We know that both employers and employees are scanning the publicly accessible areas of Facebook and other sources to find the unvarnished side of their potential co-workers. This information comes with a downside. Employers beware. In an earlier piece on social… Read more »

A How-To for Individualized Assessments

As you may already be aware, the EEOC is advising employers to use individualized assessments in cases where criminal history might be used to exclude a job applicant. The aim of the EEOC is to induce employers to look more at individual factors that might mitigate the impact of a conviction to avoid discrimination, and… Read more »

6 Great Reasons to Background Check Your Employees

best hiring practices

If you’re like most employers today, you already use background checks to help make employment-related decisions. But just in case you think you’re immune to hiring bad employees, we offer some compelling reasons to set up a background screening program. And, by the way, even if you do have a program in place, these reasons… Read more »

Frequently Asked Questions about Background Checks

Both employers and employees have questions about how background checks work, and how the law regulates them. It’s not always easy to get clear answers because there are so many agencies and stakeholders involved. A good place to start in understanding background checks is to know how the Federal Trade Commission’s and Consumer Financial Protection… Read more »

EEOC and FTC Publish Guides on Using Employment Background Checks

Some time ago, the Equal Employment Opportunity Commission (EEOC) and Federal Trade Commission (FTC) announced the publication of “joint tips” on using background checks in hiring. One of the two co-published guides is for employers, titled Background Checks: What Employers Need to Know. The other is for job applicants and employees: Background Checks: What Job… Read more »

Do Employment Credit Checks Deserve the Bad Rap?

Reason suggests that using credit history to help make better employment decisions is a worthwhile idea in some cases. You probably don’t want to hire bank tellers with significant personal financial issues or CFOs with sizable judgments against them. Yet in the aftermath of the recent deep recession, we see continuing arguments and discussion about… Read more »

The Value of a Quality Employment Background Check

Since 9/11 the number of background checks performed on job applicants and employees has ballooned, for reasons ranging from heightened security concerns to legal mandates to conduct background checks. Coinciding with this, the amount of digital information available about individuals has increased many times over, and the Internet has given us easier access to it…. Read more »

4 Key Criteria for Evaluating an Applicant’s Criminal History

applicants criminal background

EEOC policy and the various Ban the Box statutes around the country share the common characteristic of requiring employers to adopt background screening procedures that are sensitive to individual-level circumstances. For example, the EEOC Guidance, which is important because Federal law pre-empts state and local statutes regarding discrimination, recommends using a so called, individualized assessment… Read more »

The Employer’s Dilemma: Job Applicants with Criminal Records [Infographic]

According to National Employment Law Project (NELP), more than 1 in 4 U.S. adults have a criminal record. As an employer, this means you have a very high chance of encountering applicants and employees whose past you may need to consider in making an employment-related decision. The dilemma is significant: On one hand, the EEOC… 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 »