Compliance

Pre-Employment Screening Before the Job Offer

Candidates

Do you conduct pre-employment screening before the job offer? Or are you unsure if you should?

While some cities and states might prohibit employers from requesting a background check before they offer the candidate a job, there are also certain employers that are required to do a background check before the job offer. Keep reading to learn more about when you should or should not use pre-employment screening.

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Oregon Bans the Box

Oregon Ban The Box

Oregon has officially banned the box for all employers, delaying the timing of pre-employment criminal background checks. On June 25, Oregon Governor Kate Brown signed HB 3025 into law. Effective January 1, 2016, it will be illegal for an employer in the State of Oregon to require an applicant to disclose a criminal conviction on a job application or to require an applicant to disclose, prior to an initial interview, a criminal conviction.  If no interview is conducted, it will be illegal to require an applicant to disclose, prior to making a conditional offer of employment, a criminal conviction.

The statute specifies that it does not make it illegal to perform a criminal background check or to consider conviction history in the hiring process.  It does, however, defer an inquiry into criminal history until after the applicant has been interviewed or potentially offered the position.

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You Had More Questions, We Have More Answers

Webinar FAQ

We had almost 200 questions submitted before, during and after our “You’ve Got Questions, We’ve Got Answers: The NEW Basics of Background Screening” webinar.

We couldn’t get to all of your questions during the webinar, but our panel of background screening experts here at EmployeeScreenIQ compiled the most frequently asked questions we received.

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5 Legal Lessons for Millennial Background Checks

millennials

By the end of 2015, Millennials are expected to outnumber Baby Boomers in the workplace for the first time ever. As the largest generational group in the job pool (depending on your source, people born 1982-2004), they’re a hot commodity. Up until now, most of the focus has been on how to woo them, lure them in and make them so happy that they want to work for you forever (or at least for a few years).  But employers are finding that it’s not all smooth sailing.  Hiring this growing generation of workers introduces a whole new set of legal challenges to the HR department, and the background screening process is one of those challenges.

When it comes to screening Millennials, employers need to take into account not only what’s effective, but also what’s legal. Wait a minute. I know what you’re thinking. How is a Millennial’s background check different from any other background check? Read on to learn how to spot the tricky issues and avoid a legal tangle with this new wave of workers.

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Counting to Five in the Adverse Action Process

 

The adverse action process for background checks has been in the spotlight lately, thanks to a growing list of class action lawsuits against employers. In some recent cases, those lawsuits have resulted in multi-million dollar verdicts. Others are still winding their way through the court system, with employers defending their practices and filing motions in an attempt to dismiss some of the more far-reaching claims.

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New FINRA Rule on Background Checks

 

finra-logo

FINRA (the Financial Industry Regulatory Authority) has issued a rule change for background screening requirements that goes into effect on July 1, 2015. FINRA Rule 3110(e) is based on similar provisions in NASD Rule 3010(e) and NYSE Rule 345.11. For those of us who are acronym challenged, that’s the National Association of Securities Dealers and the New York Stock Exchange, respectively.

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State of Ohio Bans the Box for Civil Service Jobs

Ohio

While the state legislature has not yet weighed in on the issue, the Buckeye State has taken one step closer to embracing “ban the box.” Effective June 1, state civil service applications no longer include the check box asking job applicants about their criminal history. The question has reportedly been removed from both online and paper applications. (more…)

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Webinar: You’ve Got Questions, We’ve Got Answers.

Background Screening Webinar

Do you need permission every time you run a background check? Can you drug test a candidate with a medical marijuana prescription? What should you do if you find negative information on a candidate’s social media profile?

The answers to these and other background screening questions are far different in 2015 than in the past.

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When Your Job Candidate Asks About the Background Check

Background Screening Questions

Most job candidates will have many questions for an employer throughout the hiring process—including questions about the employment background check. Do you have the answers?

Ultimately, knowing these answers benefits you, your company and candidates. Being transparent throughout the hiring process as a whole, and especially during the background screening process greatly affects your candidate experience. The following are questions that you should be prepared to answer about your background checks.

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Taking a No Shortcuts Approach to Background Screening

No Shortcuts

An Illinois man recently sued both his former employer and their background screening provider because they errantly reported that he was a registered sex offender, and didn’t take the time to ensure that the record actually belonged to him. The employment background check misidentified the individual, a male in his twenties, as a man in his fifties who had been convicted of sex crimes in states where he had never lived.

Unfortunately, stories like this fuel the perception that employment screening companies don’t care whether they report accurate information or not—and that employers blindly make hiring decisions without allowing candidates to refute the information. However at EmployeeScreenIQ, it further validates our core belief that smarter screening means intelligent hiring.

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