Posts By: Michael Gaul

3 Key Aspects of the EEOC Adverse Action Guidelines

eeoc adverse action

The U.S. Equal Employment Opportunity Commission (EEOC) issues its guidance on many employment-related topics, but the Enforcement Guidance regarding arrest and conviction records is one of the more compelling and important items for employers, as so many are impacted. In an economy where more than one in four U.S. adults have a criminal record, it’s… Read more »

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 »