Posts Tagged: EEOC

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 »

Ban the Box Momentum Claims San Francisco

In the past week the San Francisco County Board of Supervisors passed an aggressive version of Ban the Box legislation. This new ordinance would go beyond many similar laws to include private businesses, and it explicitly incorporates provisions taken from the 2012 EEOC guidance on the use of criminal records in hiring. The “Fair Chance”… Read more »

Your Candidate Has a Criminal Record. Now What?

Did you know that fully 1 in three Americans has a criminal background of some kind? Given that frequency, it is almost certain that an employer who conducts background checks as part of the hiring process (90% of employers do) will find applicants with criminal records. If employers used this background information to exclude anyone… Read more »

The Employment Screening Process: A Bird’s Eye View [Infographic]

Now more than ever, employers are urged to define and use an employment background screening process that is fair to candidates, passes muster with the EEOC, and also mitigates employment risks. We realize this is far easier said than done, especially given the loosely-defined guidelines of the EEOC. Our latest infographic helps to pull the… Read more »