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Background Checks

4 discriminatory hiring practices will lure EEOC to your door

12/03/2009

Since 2007, the EEOC has been engaged in a major push to stamp out race-based discrimination in hiring. Known as E-RACE, the initiative’s goal is to “eliminate recruiting and hiring practices that lead to discrimination by limiting an employer’s applicant pool.” When targeting employers for enforcement action, the EEOC often zeroes in on four recruitment and screening practices:

How does the Texas job reference law affect what I can say about former employees?

12/03/2009

Q. I recently received an inquiry for a reference regarding a former employee. Does the job reference law alter what I should disclose regarding this person’s employment history?

EEOC: Company illegally used credit, criminal records

12/01/2009

The EEOC has cited national convention marketing firm Freeman Companies with discriminatory hiring practices based on the company’s use of applicants’ credit scores and criminal background checks in hiring. The EEOC alleges the company’s hiring practices have a disparate impact on minorities and women.

Sample Policy: Violence and Weapons

11/11/2009
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Make sure your policy is understood before rejecting applicants because of bankruptcy

11/09/2009

As the effects of the recession linger on, personal bankruptcy filings are still climbing. If you’re a private employer that doesn’t want to hire managers who can’t handle their financial affairs, be careful before rejecting someone because he’s filed for bankruptcy.

Before we start background checks, should we start asking applicants for birth dates?

10/30/2009

Q. Our job application doesn’t ask for the applicant’s age or date of birth. However, we plan to start conducting background checks on job applicants we’re seriously considering. The company that will conduct the checks for us said the birth date is on all the applications they see and that it’s instrumental to conducting the checks. What should we do?

EEOC: Company illegally used credit, criminal records

10/27/2009

The EEOC has cited national convention marketing firm Freeman Companies with discriminatory hiring practices based on the company’s use of applicants’ credit scores and criminal background checks in hiring. According to the complaint, the credit and criminal background checks are neither job related nor of business necessity. The EEOC alleges they screen out otherwise qualified women and minority candidates.

Rejecting applicants? Note why

09/14/2009

You no doubt get many applications for open positions—especially with unemployment running as high as it is. Some of those applicants will have past work-related problems—and a few might have long, checkered histories. When you reject such applicants, be ready to show why you hired someone with a better record instead.

Can I fire a worker who was arrested for DUI?

08/14/2009

Q. As I was reading the newspaper recently, I saw one of my employees featured in the arrest column. She had been arrested the night before for driving under the influence. Committed to maintaining a law-abiding workforce, I would like to terminate this employee. Can I?

Preventing identity theft: 6 steps to protect employees’ data

08/11/2009

Employers have a duty to protect their employees from identity theft. The federal Fair and Accurate Credit Transaction Act (FACTA) says employers that negligently or purposely let employees’ personally identifiable data fall into the wrong hands can face fines of up to $2,500 per infraction. Here are six tips on developing a data security strategy: