Posts By: Michael Gaul

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 »

The Case for Re-Screening Employees

While pre-employment screening is commonplace in the hiring process, re-screening is notably less so. In fact, 48% of employers do not re-screen employees after the initial background check. To protect the safety of your workplace and affirmatively demonstrate due diligence, it is a best practice to continue screening throughout an employee’s tenure. Relying solely on… Read more »

5 Questions to Test Your FCRA Adverse Action Smarts

Are you up to speed on adverse action? HR and hiring managers need to understand the rules and requirements of the adverse action process in order to maintain a hiring approach that is fair to applicants and avoids unintended discrimination. We put together a few questions to check your knowledge and keep you sharp. Start… 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 »

How the Narrowing of Job Application Questions Impacts Your Hiring

On January 1st of this year, a California state law to restrict the use of salary history in the hiring process went into effect. This makes California the latest—and by far the largest—jurisdiction to join a growing trend to further restrict the use of background information in evaluating job candidates. Although these early laws have… Read more »

Top 7 Employment Screening Articles from 2017

Best practices, continuous screening, and OTR driver background checks are just a few of the topics that dominated the Proforma Screening Solutions Employment Screening Blog in 2017. Here we provide a summary of our 7 most-read articles from 2017. 1. 4 Ways to Protect Your Company from Common Background Screening Pitfalls Background screening is widely… Read more »