A rapidly changing legal landscape is making the application, interview and screening processes increasingly complicated – and potentially dangerous for employers, which includes staffing firms and may also include recruiters working on a client search.
Here are the top five legal hazards in hiring and background screening that turned up during the first half of 2013:
1. EEOC Guidance and the Use of Criminal Records
The EEOC is aggressively pursuing and investigating suspected cases of disparate impact involving criminal backgrounds.
Please note that all U.S. courts and EmployeeScreenIQ offices will be closed on Monday, September 2, 2013 in observance of the Labor Day holiday. Expect a 24 hour delay in all requests leading up to the holiday weekend.
Have a safe and happy holiday weekend!
A background check is a background check, right? Regardless of city or state? One could argue, yes, aside from a few variations, the basics are the same from one location to another. However, due to the fact that there are both State and Federal screening laws, employers must comply with both sets of laws when conducting employment background checks. Specifically, several states have laws and considerations for background checks, and employers should be aware of these.
One example is the state of California, where there are some unique laws and guidelines that employers should know in relation to background screening.
Continue reading Background Checks in the Golden State of California: What Employers Should Know →
EmployeeScreenIQ’s Jason B. Morris will be speaking at the Colorado SHRM 2013 State Conference in Keystone, Colorado at the Keystone Resort and Conference Center on Wednesday, August 28th at 10:30 am MST.
Caution Ahead: Navigating the New HR Minefield of Recruiting and Screening Laws
Every day brings news of the newest law-or lawsuit-involving employers’ use of background checks. The Equal Employment Opportunity Commission (EEOC) has intensified scrutiny of hiring practices, exposing employers to greater risk of discrimination lawsuits. While employment screening is critical to reducing hiring mistakes, organizations that fail to keep up with this litigation and legislation could face legal dangers. Morris examines the ever-changing legal landscape that employers operate against and offer attendees solid guidance for navigating these sometimes murky waters. Morris will underscore the need for employers to stay abreast of the latest and be vigilant in compliance measures.
Attendees will learn to prepare for federal and state scrutiny of criminal checks and credit reports, comprehend the risks and benefits of using social networking sites for screening as well as recruiting, and will gain an understanding of the most up-to-date developments of the “Ban the Box” legislation as well as how it affects recruiting and hiring endeavors.
To learn more, please visit the Colorado SHRM conference website at www.coshrmstateconference.org
I’ve spent a great deal of time over the last few months thinking about where the Equal Employment Opportunity Commission went awry with their stance on employers’ use of criminal background checks and how the very real concern of discrimination could be addressed. There certainly has been no shortage of events over the summer which have helped to shape my viewpoints from the Trayvon Martin case (where I think race caused prosecutors to lose because they overcharged based on public sentiment), to a Maryland judge’s embarrassing dismissal of the EEOC’s case against Freeman Companies, to Eric Holder’s recent policy change on sentencing guidelines.
I always ask our employees to bring me solutions not problems, so I decided to take my own advice and focus on what I think can be done to remedy the real issue of eliminating race discrimination in the criminal justice system (not in the employer community) and getting those with criminal records back to work. Here are my solutions:
Continue reading 5 Solutions to Allay Employment Background Check Discrimination Concerns →
It’s time for yet another Weekly Wrap Up! What did you miss on EmployeeScreenIQ’s blog this week? Earlier this week, Nick wrote about a Today Show story focusing on the importance of background checks for in-home service workers. Check out Home Service Workers Without Background Checks: A Recipe for Disaster to find out why this is such a crucial need. We also shared another EmployeeScreenIQ original video this week, What Does a Background Screener Really Do? Ever wonder what a background screener’s job really is? Our panelists reveal some key responsibilities of a background screener’s job in this video. And lastly, we shared a post with specific recommendations for background checks in the airline industry. Read Employment Background Screening Is An Essential Tool for the Airline Industry for background screening best practices in this industry. And as always, check out our blog for additional posts.
There’s a certain vulnerability we all feel when letting a stranger into our home, but sometimes you have no choice. If you’re like me, you can barely change a light bulb, so when the wash machine breaks or the air conditioning goes out in the middle of the summer, you’re likely to call a company to come fix it. Read More
Have you ever wondered, what does a background screener do? In this roundtable discussion, Kelly, Jason, Kevin, and Angela each provide their perspective about what a background screener really does, each of them having worked in the industry for many years. Read More
At a cruising altitude of 30,000 feet, airline passengers want to rest easy knowing that they are in good hands and will safely make it to their destination. They trust the airline they have chosen is taking all precautions to make sure that happens from the way they maintain their aircraft to the training of their employees. Read More
The National Association of Professional Background Screeners (NAPBS) issued a press release on Tuesday, supporting the Today Show’s recent report that emphasized the critically important role background screening plays in today’s environment.
If you missed the piece, you can read more about the Today Show story here, as well as Nick’s take on why background checks for in-home workers are critical. NAPBS voiced its support of the Today Show story, and shared this message:
Continue reading NAPBS Welcomes Latest Report Recognizing Need for Background Screening →
At a cruising altitude of 30,000 feet, airline passengers want to rest easy knowing that they are in good hands and will safely make it to their destination. They trust the airline they have chosen is taking all precautions to make sure that happens from the way they maintain their aircraft to the training of their employees.
As any human resource professional in the airline industry knows, employment background checks are an essential piece of this puzzle. And we all know that it’s not just the employees that are up in the air with passengers. There are mechanics (who should have an up-to-date license), the baggage handlers (do they have sticky fingers), the customer service personnel (have they exhibited violent and threatening behavior in the past) and just as importantly, the contractors, including food service vendors (they should be subjected to the same screening criteria as direct employees.)
And if your airline’s stringent background check requirements weren’t enough, you also have to consider federal screening guidelines from agencies such as Federal Aviation Administration (FAA), Department of Transportation (DOT) and Homeland Security–to name a few. Continue reading Employment Background Screening Is An Essential Tool for the Airline Industry →