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    Beef ‘O Brady’s has been served with a class action complaint for alleged violations of the Fair Credit Reporting Act (FCRA). The U.S. sports bar and grill is being targeted for now-familiar claims surrounding the company’s authorization and disclosure for employment background checks. [...]

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        EEOC Gets Taken to Task

        You might recall last August that we posted about celebrated Judge Roger Titus’ stinging comments directed at the EEOC when he dismissed their case against Freeman Companies for what the commission alleged as discriminatory hiring practices related to Freeman’s use of criminal background checks and credit reports. He used the words “Laughable”, “Unreliable”, “Mind Boggling”.

        No Soup for You!

        Instead of heeding Judge Titus’ remarks and conceding their overreach, EEOC appealed his ruling to the Fourth Circuit Court of Appeals. At issue was the testimony of the EEOC’s expert witness, Dr. Kevin Murphy, which was excluded by the lower court. In this regard, Judge Titus was unrestrained when it came to his opinion. [...]

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            Genwest/Gencom Transportation LLC has been served with a class action complaint for alleged violations of the Fair Credit Reporting Act (FCRA) and the California Investigative Consumer Reporting Agencies Act (ICRAA) as well as a discrimination claim. The US transportation, warehousing, and distribution firm is being targeted for now-familiar claims surrounding the company’s authorization and disclosure for an employment background check. [...]

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                Hiring managers review a potential employee’s resume for a variety of reasons. From exploring their job skills, to analyzing experience to getting a good idea of educational history. You might not question whether the information is accurate or deem it necessary to contact every past employer for verification. However, there are a few resume verification myths you may have heard that we’d like to dispel. [...]

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                    Resume Fraud

                    If you want to make sure you’re hiring the most qualified job candidate, with the most potential for a position, it’s without a doubt that you should thoroughly vet that person. While it’s necessary to ensure your job candidate has the right skills and experience, only a resume verification can confirm whether or not they’ve been fully transparent on their resume. If you’re looking for reasons you should be conducting resume verifications for your candidates, look no further than these five infamous resume fraudsters. [...]

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                        Employment Background Check Lessons

                        In one sense, your company’s hire strategy is complex and meticulous. You draft a comprehensive job description, thoroughly analyze resumes, and conduct in-depth interviews to ensure you hire the right person for the position. On the other hand, some aspects of the hiring process are so simple that a child could provide some insight. Surprisingly, you may have learned more in kindergarten than you knew that can be applicable to the employment background screening process. Take a look at how you can apply these eight lessons from kindergarten to your screening program. [...]

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                            Criminal Background Check

                            The scenario may seem familiar, whether through a real life experience or something you saw on TV. You interview a candidate and it appears as if they would be perfect for a position with your company. But then, it’s revealed through their admission or a criminal background check that they had a past run-in with the law. In every other way, the interviewee absolutely shines and would be a credit to your organization. You might be tempted to brush the information aside and hire him or her anyway. However, there are several precautions you must consider when your candidate has a criminal record. [...]

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                                Home Depot Background Checks

                                Litigation Update

                                Home Depot has been hit with another class action lawsuit[1] alleging violations of federal law based on its employment background screening practices. The mega home improvement store is facing a second Fair Credit Reporting Act (FCRA) lawsuit—this one filed in the Northern District of Georgia on February 11, 2015. The focus of the present case is, like many other cases we have seen in recent weeks, the portion of the FCRA that requires a “clear and conspicuous disclosure” about the background check that is made in writing “in a document that consists solely of the disclosure.” [...]

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                                    Resume Fraud

                                    The psychological teachings of Sigmund Freud might not be the first to come to mind as a guide for hiring new employees, but some of his theories about the elements of the personality can be applicable when conducting resume verifications.

                                    Freud’s views hold that the “id” is responsible for instinctive behavior, the “ego” reins in the “id,” and the “superego” consists of our morals. Job seekers tend to be impulsive when preparing their resumes, so consider Freud’s teachings to understand what candidates are going through when they apply for a job with your company.

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                                        Falsification of a Job Application

                                        Most job candidates know that falsifying a job application is grounds for being denied employment. Unfortunately, that doesn’t always stop them from doing it, however most understand the consequences if they get caught. Conversely, most employers are conditioned to believe they are well within their rights to deny employment on the basis that someone lied on the job application. In fact, I recently conducted a webinar on behalf of Newton Software and was asked if it is easier to deny employment based on an application omission or fabrication discovered on a background check rather than going through the adverse action process. Given this generally accepted principle and the current legal landscape concerning employment background checks, it might be time to question if employers truly have the legal right of way to take such action. [...]

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