Compliance

In Review: FCRA Employment Background Check Litigation

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As we kick off a new year, at least one of the trends identified in 2014 continues to gather steam. The flood of FCRA class action lawsuits shows no signs of slowing down. As I’ve reported in the past, the hits just keep coming. Here’s the Roundup:

Graham v. Michaels Stores Inc., Case No. 2:14-cv-07563, U.S. District Court for the District of New Jersey Dec. 4, 2014: The complaint alleges that the craft store chain violated both the New Jersey Fair Credit Reporting Act (NJFCRA) and the Fair Credit Reporting Act (FCRA). According to Graham, the company violated the requirement of providing a stand-alone disclosure. According to the complaint, the disclosure was part of the application form, included a space to list prior employers, and contained ten different state notices. The two classes identified in the pleading include all those who applied to Michaels through the online job portal in the two years prior to the suit, and all New Jersey applicants who applied in a six year window prior to the suit. (more…)

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Top 5 Reasons to Take Our Background Screening Trends Survey

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With 2015 off to a great start, we’re thrilled to announce that our 6th Annual Background Screening Trends Survey is officially under way! With topics ranging from how employers handle criminal background checks to ever-changing screening laws to marijuana in the workplace, our survey has it all!

We can’t wait to share the results of this year’s survey, but we can’t do it without YOU. Keep reading for 5 reasons you should take this year’s survey. (more…)

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Don’t Be That Guy: Holding Out on Employment Background Checks

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When we started EmployeeScreenIQ 15 years ago, we heard a lot of reasons about why a company wasn’t conducting employment background checks on their job candidates. I’m happy to tell you that it is a rarity these days that we talk with someone who needs to be convinced of their importance. The practice has become so mainstream that after our second annual background screening trends survey in 2011, we stopped asking HR professionals if they screen their candidates. The number peaked at 92%.

Still, I’ve scratched my head for years wondering, who are the 8% that are holding out? My initial assumption was that these were smaller businesses without the wherewithal or resources to engage a background screening company. And that assumption might be correct, but I keep learning that’s not always the case.

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Is it Time for Employers to Consider Social Media Background Checks?

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Last weekend, Jason Morris and I had the pleasure of joining the folks over at TalentCulture on #TChat to discuss the pros and cons of using social media sites as part of their employment background screening efforts. Check out the primer here.

As a follow up to our conversation, host Kevin W. Grossman wrote an excellent take on whether using social media employment background checks was fair game and we wanted to give our readers a chance to review it in it’s entirety (see below).

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The Unemployment Discrimination Problem: D.C. Fights for Long-Term Unemployed

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When graduating from college a little over three years ago, I knew it wouldn’t be an easy road as I searched for a full-time job. For the first few months, I worked several part-time jobs before finding a full-time position with EmployeeScreenIQ. While I was never without a job, I can imagine the stress and fear millions of Americans have experienced who have been unemployed for months—with no end in sight. As many have struggled to find work since the recession, it has become widely recognized that unemployment discrimination is a major issue in the U.S.

According to the Bureau of Labor Statistics, more than 2.95 million have been out of work for 27 weeks or more. However, the unemployment rate has dropped from 2.5% to 1.9% since December, meaning progress has been made—but there’s still work to be done. With the White House, over 300 companies announced they’re adopting best practices for recruiting and hiring the long-term unemployed.

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December BTW: Uber Back in the Headlines, Background Check Guide for Job Seekers, and 2014 in Review

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For those interested in staying up-to-date with the latest in compliance for pre-employment background screening and the laws that affect your use of employment background checks, follow our publication, BTW: Your Guide to Staying Out of Hot Water. This compliance resource has been created by our VP of Compliance and General Counsel, Angela Preston, and is a must-read for human resources and security professionals. Uber Back in the Headlines with FCRA Class Action for Background Checks

Uber can’t seem to get it right. First, the company was criticized for NOT doing background checks, and now it’s under attack for doing them the wrong way. The national ride sharing service that everyone loves to hate is back in the headlines (although I’m not sure they ever left) facing a class action lawsuit for alleged violations of the Fair Credit Reporting Act (FCRA). Read More (more…)

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Year in Review: Hiring, Background Checks, and the Top 5 Legal Trends

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I almost can’t believe it myself, but it’s already December. And this point in the year means it’s almost time to close the books on 2014. As the year comes to an end, I’ve spent some time looking back at the legal trends in hiring and employment screening throughout 2014. Here is a list of the top five background screening and employment issues from 2014 that are worth reflecting on as we get ready to raise a glass to ring in the New Year. 1. An Uptick in Job Growth

Let’s start with the good news. Hiring is up. Job growth for 2014 is ending on a strong note, and the government’s November jobs report was good. And I mean really good. The US economy had the biggest gain last month since January 2012, adding 321,000 jobs. Unemployment clocked in fairly low, at 5.8 percent. It all adds up to a report card in the A range, when all that was expected was a C or maybe a C+. November set a new record as the 50th consecutive month of job gains. As business analyst Jill Schlesinger put it, “2014 has become the best year for job creation since 1999!” (Cue the Prince music, please.)” That’s welcome news for job seekers and businesses.

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FTC and EEOC Publish Background Check Guide for Job Applicants

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If there’s one part of the hiring process when the candidate experience can blow up, it’s the background check. The idea of a background check is daunting for most people—even those with a clean record. If a candidate is rejected as a result of something in the background check, it is increasingly common to hear from their legal representative. One way employers can avoid problems in the background screening process is to educate job applicants. As the old saying goes, an ounce of prevention is worth a pound of cure. (more…)

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Uber Back in the Headlines with FCRA Class Action for Background Checks

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Uber can’t seem to get it right. First, the company was criticized for NOT doing background checks, and now it’s under attack for doing them the wrong way. The national ride sharing service that everyone loves to hate is back in the headlines (although I’m not sure they ever left) facing a class action lawsuit for alleged violations of the Fair Credit Reporting Act (FCRA). The case, Mohamed v. Uber Technologies Inc et al.[1] asserts that Uber violated the FCRA by failing to provide Mohamed and other drivers with a copy of their background check (as required). This case is just one more instance in a parade of many questioning the company’s practices. (more…)

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Protect Patients and Avoid Lawsuits: 5 Background Screening Best Practices for Hospitals

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Hospital employees are responsible for the well-being of their patients. They are expected to adhere to certain standards so that they can properly care for those that need help in addition to representing their organization in a positive light.

Employment background checks are a critical tool for ensuring that none of your employees could potentially endanger your patients or put your organization at risk of being sued by someone harmed by a negligent or malicious employee of yours. So how can you protect your patients and company’s reputation? (more…)

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