Your New Year’s Resolution for HR

Resolution #1: Updating your Employment Background Screening Policy Successful employers review their business plan on an annual basis and make necessary changes relative to what transpired over the preceding year. One of the most crucial parts of any organization’s business plan is Human Resources, specifically the hiring process. Each year companies must be aware of…

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You May Not Use Criminal Non Convictions For Employment or Housing Decisions

The California Assembly Approved SB 393 to Seal Records The California Assembly approved a bill that would seal arrest records prohibiting employers/landlords from using non-convictions as a hiring or housing decision. The Assembly approved Senate Bill 393 (Consumer Arrest Record Equity Act) to seal arrest records and eliminate barriers to housing and employment for those…

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Why Job Seekers Need Fair Chance Hiring Policies

Susan Stephens was a normal American who in 2007 was accused by an ex-husband of committing a crime that resulted in a felony charge. Her attorney at the time advised her to plead guilty assuring her that in her line of work (social worker) and no other previous crimes, this one conviction and probationary period…

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Whole Foods Violates FCRA

A class action lawsuit was filed against Whole Foods in Florida alleging Violations of the Fair Credit Reporting Act (FCRA). The suit filed on December 4, 2014 by a Tampa-based Whole Foods employee claims that the company’s background screening process violated the FCRA by failing to make proper disclosure and failing to obtain proper authorization…

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We Received a Criminal Record, Now What?

The hot button topic right now for the Equal Employment Opportunity Commission (EEOC) is whether to allow criminal background checks to factor into an employment decision. The EEOC feels that minorities are being discriminated against due to a previous criminal record, whether they were convicted of the crime or not. The EEOC has gone as…

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Waffle House Hit with Class Action Lawsuit for Violating the FCRA

Waffle House, one of the largest chain restaurants in the southeast, was hit with a class action lawsuit for violating the FCRA. The lead plaintiff in the case, William Jones, applied for employment at a Waffle House in Ormond Beach, Florida on December of 2014. He was denied employment due to inaccurate records reported by…

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Versik Analytics Settles Class Action Lawsuit

Two Verisk Analytics Inc. units have settled a class action lawsuit brought by job applicants claiming they violated the Fair Credit Reporting Act (FCRA). Intellicorp Records Inc. and Insurance Information Exchange LLC have been ordered to pay $18 million dollars to settle three class action lawsuits claiming the companies violated federal law by providing incorrect,…

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Verifying Current Employment?…Be Very Careful Conducting Background Checks

Be careful when seeking new employment while trying not to notify a current employer. When clients order a background screening report requesting that we verify current employment for a potential new hire, we, as a courtesy, reconfirm with the client that we have the applicant’s permission to do so. There is potential liability for contacting…

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Using Background Checks for Permissible Purposes

Employers Permissible Purpose for Using Background Checks When employers engage a third party company to conduct employment background checks, the first question that should be asked by the vendor is what your organization’s permissible purpose is for pulling these reports. The only logical answer for using background checks is for employment purposes; however, employers also…

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