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 »
Posts Tagged: individualized assessments
When employers use background checks to evaluate candidates for a job, the obvious goal is to find the best, most qualified person for the job. “Fitness” for the role is a key concern. If not careful, employment decisions can unfairly cause some candidates to be discarded or overlooked as employers bring their own biases or… Read more »
Employment screening is a simple concept. The idea is to check the background of the candidates you are interested in hiring before a final hiring decision is made. Screening is typically performed late in the hiring process, applicable to candidates who have met other hiring criteria and are in the final running for a position…. Read more »
We often field questions about employment screening from our HR clients, and we want to take this opportunity to answer some of the more common and important ones. 1. What is the difference between a primary source search and a database search (mainly in the context of criminal records)? A primary source search involves going… Read more »
Learn how to better navigate the competing pressures of insurance requirements and the desire to reduce the risk of discrimination under employment law.
The BMW case demonstrates how the EEOC requires employers to treat everyone the same but assess them individually in terms of criminal background.
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 »
Despite how some may make it sound, spreading Ban the Box laws do not prohibit employers from using criminal background checks. Instead, the laws are designed to keep the question, “Have you been convicted of a crime?” off job applications to give applicants with a criminal history a greater chance of getting through an employer’s… Read more »
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 »
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 »