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Background Checks

Study spots patterns in New York discrimination litigation

03/05/2013
Employers continue to prevail in most New York discrimination cases, but litigation is taking longer. Those are among the key findings of Bond, Schoeneck & King’s recently published 2012 Study of Employment Discrimination Litigation in the Northern and Western Districts of New York.

OFCCP: Background checks only if job-related, necessary

03/05/2013
The Office of Federal Contract Compliance Programs has issued new guidance about how and when federal contractors may use a job applicant’s criminal background in the hiring process.

Reference checks: How to coax information from past employers

02/13/2013
Due to fear of lawsuits, many former employers are reluctant to assist you with employment references. If you are fortunate enough to be able to ask questions of an applicant’s former employer, don’t squander the opportunity. Use these tricks for getting valuable information.

Background checks: How safe is too safe?

01/11/2013

Q. We are considering instituting a criminal background check policy for all employee positions. We’ve heard scary stories of lawsuits regarding negligent hiring, and we’d really like to avoid that sort of litigation, not to mention the negative media attention. Is there any downside to having an “across the board” criminal background check policy?

Conduct background checks? Use new FCRA form

12/31/2012
Starting Jan. 13, 2013, employers that obtain background checks from consumer reporting agencies must give applicants and employees a new, updated version of the Summary of Rights under the Fair Credit Reporting Act form.

Conducting background checks on job candidates? Know how to comply with the FCRA

12/12/2012
If your organization conducts background checks on applicants or employees through a third-party company, you must comply with the Fair Credit Reporting Act (FCRA), which is enforced by the Federal Trade Commission. Here are the steps to comply with the FCRA, according to the U.S. Bureau of Consumer Protection:

A step-by-step guide to legally safe hiring practices

11/27/2012
Hiring is one of the most difficult and legally dangerous tasks for supervisors. Just a few ill-timed words in a want ad or interview can trigger a legal complaint. Here are the key liability hot spots to watch out for in the hiring process:

Did the Fair Credit Reporting Act just change?

11/15/2012
Q. What were the recent changes to the Fair Credit Reporting Act?

Hiring: Sometimes, personal questions are OK

09/21/2012

We all know that hiring managers are supposed to avoid personal or intrusive questions when interviewing job applicants. However, under some limited circumstances, getting answers to such questions may be relevant and necessary to the hiring process.

New Illinois law bars employer access to social media accounts

09/20/2012
Some employers have recently begun to require employees and applicants to provide their passwords or otherwise allow access to their social media accounts. The Illinois Legislature has now put a stop to that practice.