The Sharks are Circling: Two New FCRA Class Actions

Compliance Employment Background Checks

Just when you thought it was safe to get back in the water, the sharks are circling with more FCRA-related class action claims. This time Home Depot and Aaron’s furniture stores are the companies under attack. Just a couple weeks ago, when most Americans were cutting out of work early to get to their July 4th parties, these two retailers were hit with class action lawsuits alleging violations of the Fair Credit Reporting Act (FCRA) in their background screening process.

This is a continuation of the wave of FCRA class action lawsuits that I have written about all too often in the past year. Investing in some preventive FCRA compliance measures this summer can really pay off, especially since the litigation continues—and recent settlements are costing employers millions of dollars.

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The Problem(s) with Ban the Box

Ban the Box Employment Background Checks

Ban the box has gone viral. And while the removal of this little check box has potentially made life easier for job seekers with a criminal past, it has created much confusion and frustration for employers. If you haven’t been in the loop, “ban the box” is the catchy phrase that refers to removal of the check box on a job application asking whether a candidate has been convicted of a crime. Ban the box shows no signs of slowing down, and it’s creating new headaches, not to mention real risks, for employers across the country.


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Ban the Box Update: Rochester, DC, New Jersey, and Illinois

Ban the box

Another day, another dollar. And another ban the box bill.

The city of Rochester has banned the box, joining other US cities like Buffalo, Baltimore, Newark, Philadelphia, San Francisco, and Seattle. You can read about the specifics here.

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Are Your Job Candidates Lying? Complimentary Webinar


Last month, we had a lively panel discussion on how to combat resume fraud through effective employment background screening techniques featuring experts from EmployeeScreenIQ as well as Karen Jones from the “Taj Majal” of all grocery chains, Wegmans (if you’ve ever been to one you know what I’m talking about) and employment verification guru, Craig Caddell.

The presentation, Liar, Liar, Pants on Fire: An Employer’s Guide to Effective Resume Verification,” was attended by more than 450 human resources professionals and includes a great Q & A at the end.  

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Indiana Update: Criminal History Information That Might Be Reported to Employers


Effective July 1, 2014, Indiana has a new rule on what information “criminal history providers” can report in employment background checks. This latest version of Ind. Code § 24-4-18-6 makes a technical correction to the law and clears up a few things.  Unlike previous versions of the statute, the new law allows reporting of non-conviction and pending records as long as the information is within the 7 year window required under the Fair Credit Reporting Act.

As it now reads, the law limits reporting of expunged records and sealed records—records that any compliant screening company wouldn’t give you anyway. It also prohibits reporting certain classes of felonies that have been reduced or converted to a misdemeanor, and creates a statutory cause of action for the intentional or “knowing” act of reporting an inaccurate record. (more…)

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A Candidate’s Bill of Rights: 12 Steps to Ensure Background Screening Compliance

Compliant Background Checks

How many blog posts have we spent reviewing regulatory legal actions, class action litigation, and general bad publicity caused by employers or their background screening companies for their less than compliant background check practices? In our opinion, way too many.

In addition, lost in much of the negative publicity is the fact that an overwhelming majority of employers like you (and accredited background screening companies like us) are doing things right when it comes to employee background checks.

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New Jersey Court Approves $870,000 Employment Background Check Settlement

Background Check Consent

If you’ve been paying attention to our blog for the last couple years, you’ll know that we’ve spent a considerable amount of time discussing the flurry of class action lawsuits brought against employers for failure to comply with the Fair Credit Reporting Act (FCRA). And by no means are these cases for the feint of heart. Typically, we’ve seen settlements range from several hundred thousand dollars to tens of millions.

Well, apparently not everyone has gotten the memo, so if you are concerned about maintaining compliant background check practices, you’ll want to read on.

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Are Employers Adapting to EEOC Guidance on Employment Background Checks?

Nearly 600 human resources professionals opened up to EmployeeScreenIQ about how they use employment background checks to make hiring decisions and their candid feedback is detailed in our just-released, fifth annual survey of U.S. based employers. The new report looks at how companies manage the process of employment screening, their practices concerning Fair Credit Reporting Act (FCRA), Equal Opportunity Employment Commission (EEOC) guidance, candidates’ self-disclosure of criminal records and how they address adverse findings.

In the past few years, the EmployeeScreenIQ Trends Survey has become a benchmark many employers use to evaluate their background screening policies and practices. This year’s survey provides a unique cross-section of opinions and insights from an assortment of organizations and is a must-read for HR professionals that want to learn about what their industry peers are doing.

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Putting Background Checks to the Test: 4 Best Practices for Better Screening in Education

Background Checks in Education

Nearly every week another news story pops up related to background checks in schools—particularly related to the need for improvement. While background checks in the education industry are standardized by state, the question is not whether or not background checks are in place, but rather how comprehensive they are.

Although each state has its own requirements for school background checks, there’s a false sense of security that comes with them. Many states require academic institutions—from preschools to universities (both public and private)—to only conduct a statewide or fingerprint background check. Because of this, many schools are making hiring decisions based on less-than-accurate results. (more…)

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Baltimore Raises the Stakes with Its Ban the Box Law

Baltimore Ban the Box

Baltimore is the latest major U.S. city to “ban the box.” Mayor Stephanie Rawlings-Blake is expected to sign a controversial bill that prohibits both private and public employers from asking job seekers about their criminal background on job applications. The bill passed the city council on April 28, 2014 with a vote of 10-4.

The Baltimore law raises the stakes to a whole new level by imposing criminal penalties for employers who violate the law, including a fine of up to $500 per violation, and up to 90 days in prison. Employers found in violation may face both a fine and imprisonment for each offense. Ironically, in an effort to help ex-cons, the law creates a new class of criminals.

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