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So, You Think Background Checks Are Protecting Your Company?

BY Michael Gaul | December 16th, 2014
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The problem with routine background checks… As long as nothing bad happens, you are “rewarded” for doing inadequate background checks. But there are several major problems with shallow or poorly designed background checks.

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4 Ways to Stay Out of the FCRA Line of Fire

BY Michael Gaul | October 28th, 2014
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The Fair Credit Reporting Act (FCRA) is over 40 years old, but it is only recently that the number of class action lawsuits alleging violations of it have spiked. And unlike traditional legal actions the …

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5 Tips for Using Criminal History in the Hiring Process

BY Michael Gaul | September 11th, 2014
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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 …

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Status Report: “Ban the Box” and the Challenge for Employers

BY Michael Gaul | September 9th, 2014
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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 …

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Rhode Island Says ‘Hands Off’ those Social Media Passwords

BY Michael Gaul | August 14th, 2014
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In case you haven’t heard, there’s another legislative trend sweeping the nation involving state-level legislation that aims to protect the social media passwords of employees, job applicants, and students.

Since 2012, at least 28 states either …

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A How-To for Individualized Assessments

BY Michael Gaul | July 17th, 2014
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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 …

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Frequently Asked Questions about Background Checks

BY Michael Gaul | July 10th, 2014
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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 …

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EEOC and FTC Publish Guides on Using Employment Background Checks

BY Michael Gaul | July 8th, 2014
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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, …

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4 Key Criteria for Evaluating an Applicant’s Criminal History

BY Michael Gaul | June 16th, 2014
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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, …

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Your Candidate Has a Criminal Record. Now What?

BY Michael Gaul | February 4th, 2014
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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 …

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