Texas Challenges EEOC Criminal Background Check Guidance

The U.S. Court of Appeals for the Fifth Circuit dealt the EEOC a major blow in regards to their 2012 “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment under Title VII.” On June 27, 2016, the court remanded back to the district court the case that was dismissed in 2014. In…

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3 Reasons Why Employers Should Conduct Background Screening Checks Post Offer?

One of the most common concerns we have from hiring executives is regarding when they should run the background check? Before I hire the person or after?  The paradigm has shifted to post-offer with the recent “ban the box” legislation and the Equal Employment Opportunity Commission (EEOC) enforcement.  We will look at three reasons why…

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Career Plaintiff Sets Up Employers Who Violate the FCRA

Career Plaintiff or “Professional Applicant Sets Up Employers Who Violate the FCRA  A 33 year old man of Green Bay, Wisconsin is a career plaintiff that has threatened to sue over 46 organizations that had elected to perform an employment background check on him as part of their hiring process. Cory Groshek has applied to…

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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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Louisiana Adopts “Ban the Box”

Louisiana Adopts “Ban the Box” Louisiana has become one of 24 states that have now passed “ban the box” legislation, meaning that job applicants will be evaluated based on skills and interview conversations rather than just a check mark. Governor John Bel Edwards signed the bill on Wednesday prohibiting state employers from inquiring about the…

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Avoid Relying on FBI Fingerprint Reports for Background Checks

Avoid Relying on FBI Fingerprint Reports for Background Checks Majority of states require certain industries (i.e. schools, churches, in home health care, etc.) to utilize Federal Bureau Investigation (FBI) and the Department of Justice (DOJ) fingerprint reports as part of the hiring process. A new study has revealed major flaws associated with these types of…

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Marijuana Laws 101: Things to Consider When Developing Your Organization’s Drug Policy

Marijuana Laws 101: Things to Consider When Developing Your Organization’s Drug Policy Maintaining a 100% drug free work place is the driving factor in developing your organization’s drug policy. Mandated compliance with federal law States with medical/recreational marijuana laws If the company has “safety” sensitive positions Handling positive tests for marijuana Not testing for just…

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How Employers Conduct an Individualized Assessment for Background Checks

It has been four years since the Equal Employment Opportunity Commission (EEOC) released their guidance on how employers should use criminal convictions reported on an employment background check. One of the major components highlighted in the guidance was the individualized assessment, and the importance of allowing the job candidate to explain any past criminal records;…

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Southeastern Pennsylvania Transportation Authority Hit with FCRA Violation Claim

Southeastern Pennsylvania Transportation Authority (SEPTA) Hit with FCRA Violation Claim New federal lawsuit alleges that Southeastern Pennsylvania Transit Authority (SEPTA) willfully violated the Fair Credit Reporting Act (FCRA) and state law by utilizing criminal records that exceed the seven-year reporting period set forth in the FCRA. The class action suit levied against the nation’s sixth…

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How to Background Check a Background Screening Vendor

How to Background Check a Background Screening Vendor Your organization has wisely decided to take a proactive approach to its hiring practice and implemented an employment background screening program. Now that the decision has been made to start doing background checks, your next step is to find a reputable background screening vendor. In the background…

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