Background Checks

Is our policy on criminal records legal?

06/09/2010

Q. We currently have a policy against the hiring of anyone with a felony conviction. Can you shed some light on whether this policy is legal?

Know the law governing background criminal and credit checks

06/02/2010

No law bars employers from conducting criminal background checks. However, conducting checks when it isn’t necessary not only wastes resources, it may increase the risk of being sued. The same is true of credit checks. Two lawsuits challenging the fairness of background checks serve as cautionary tales for employers.

EEOC, N.J. man say Accenture’s background checks are biased

05/26/2010

Management consulting giant Accenture faces a class-action lawsuit over its use of background checks on job applicants. The suit, filed in New York, alleges Accenture’s policy of background checks has a disparate impact on minorities.

The HR I.Q. Test: May ’10

05/12/2010

Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

Fair Credit Reporting Act doesn’t apply to complaints that lead to firing

05/06/2010

If you decide not to hire an applicant based on a background check, the applicant has a right to see the information the reporting agency provided. But what about complaints from customers or clients that become the basis for termination? Do those complaints have to be disclosed to the fired employee? Not according to a recent 5th Circuit Court of Appeals decision.

Feds turning up heat on HR background checks

05/05/2010

Get ready for increased legal scrutiny and regulations of your background screening and prehire testing procedures. In recent months, the EEOC, Congress and state legislatures have signaled interest in putting new restrictions on employers.

Why should we keep our policy of not providing references for former employees?

04/28/2010

Q. We have a few supervisors who think it’s OK to write reference letters only for “good” employees. But our policy says supervisors can’t issue reference letters for any current or former employee. I’m having a hard time finding a reason that justifies our policy. Any suggestions?

Ring of fire: Don’t get burned by a reference call

04/28/2010

We’ve all picked up the phone and been asked to give a reference about a former employee. For some, you’re glad they are out of your hair and it’s too late for them to sue you. So you’re honest about the person. But be careful. As a new case shows, it may never be too late for a former employee to take you to court …

Are applicant ‘blacklists’ legal?

04/20/2010

Employers typically don’t want to hire applicants who haven’t succeeded elsewhere. So they sometimes create a blanket “no-hire” rule for applicants who aren’t eligible for rehire by their former employers. Such a policy can give you cover against possible retaliation complaints. But if you’re tempted to draft such a policy, be careful: Make sure you enforce the rule uniformly.

The HR I.Q. Test: April ’10