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Background Checks

New limits on use of credit reports take effect in July

07/07/2011
On July 21, a new amendment to the Fair Credit Reporting Act (FCRA) kicks in that affects employers using consumer reports that include credit scores to make employment decisions.

Court lets employer ask EEOC about credit checks

06/30/2011
In an unusual twist, a federal trial court considering an Ohio case has permitted an employer being sued by the EEOC to ask pointed questions about the EEOC’s own hiring practices.

When hiring, what shouldn’t we ask?

06/23/2011
Q. Are there any questions we cannot or should not ask a reference when screening applicants?

Check your hiring practices! EEOC takes aim at systemic bias

06/23/2011
As its workload has increased, the EEOC has sought greater funding so it can pursue cases in which employer hiring practices discriminate broadly against members of protected classes. Those practices include using criminal background checks and credit-history checks to screen applicants.

Hot streak over? EEOC loses bid to limit credit histories in hiring

06/08/2011
In a recent case, EEOC v. Kaplan Higher Education, employers scored a major victory. Now, perhaps, we can expect more courts to look skeptically on some of the EEOC’s tactics, giving employers more tools to build the workforces they need.

Employer beats EEOC in credit-history fight

06/07/2011
The EEOC has been pushing the idea that using credit reports to screen job applicants may discriminate on the basis of race—and it’s actively pursuing cases in federal court. But now an Ohio federal court has limited the scope of a class-action lawsuit after the EEOC wanted to include many years of hiring history.

Hire education: Your step-by-step guide to legal hiring practices

06/07/2011
Employers operate in an increasingly complex legal environment, made all the more difficult by the tough economy. Hiring has emerged as a particular trouble spot. Here are the key liability hot spots you must watch out for in the hiring process.

Philadelphia limits questions on criminal records

05/27/2011
Effective July 12, 2011, Philadelphia employers with 10 or more employees will be limited in their ability to inquire about job applicants’ criminal records. Under the Fair Criminal Record Screening Standards Ordinance, employers must treat inquiries into criminal convictions much the same way they must treat inquiries into an applicant’s disability under the ADA.

Are you ready for the EEOC’s enforcement crackdown?

05/11/2011
The EEOC received a record 99,922 charges in the 2010 fiscal year—the most the agency has received in its 45-year history. Given this sharp increase in charge activity, now is a good time to review your personnel policies and practices to make sure you’re taking appropriate steps to help prevent potential dis­crimination claims.

Bias against applicants who never apply? Ruling in case involving criminal background checks

05/04/2011

Under limited circumstances, a job applicant might be able to win a discrimination lawsuit without actually applying for a job. For example, someone could conceivably prove that it would have been be futile to even bother filling out an application. Fortunately, such cases are rare.