Scratching Some Vinyl with the FTC- FCRA Knowledge Is Power!
September 21, 2015
Just this week, I had the pleasure of speaking to group of HR professionals at the 2015 Illinois HR Conference and Exposition on the topic of what to do when your candidate has a criminal record. The presentation centered around the various compliance responsibilities employers have when making a hiring decision. Among them was the Fair Credit Reporting Act (FCRA) requirement to follow proper adverse action procedures if you are considering denying employment based on the information revealed on a background check.
Similar to the results we found on our 2015 Background Screening Trends and Practices, employers understanding of these responsibilities was mixed. Some thought you just needed to send just the adverse action letter, while others were unaware of the documents that must accompany the notifications.Read More
BMW Settles with the EEOC for a Hefty $1.6M
September 9, 2015
One of the high profile class action cases we’ve been tracking in the wake of the EEOC enforcement guidance on criminal background records in 2012 has just settled. BMW has agreed to pay out $1,600,000 to claimants and offer to rehire the 56 plaintiffs in the case brought by the EEOC. The claimants sued BMW in June of 2013, alleging race discrimination in its hiring practices—specifically its use of criminal background checks. Those individuals, if rehired, must be reinstated without any loss of seniority, and will be given credit for increases in rank, wages and benefits over the time period of the case.
The consent decree is a 3 year agreement, and it applies to hiring at Defendant’s Facility in Spartanburg County, South Carolina. It includes contractors hired by third parties referred in the decree as “Logistics Labor Providers.” You can read the full text of the decree here.Read More
Has Your State Banned the Box?
Nearly half of employers (48%) believe ban the box laws—which outlaw the checkbox on job applications that asks candidates if they’ve ever been convicted of a crime—are unfair to them, according to our “Employment Screening 2015: Background Screening Trends & Practices” survey of more than 500 individuals. Participants in the survey represented over two dozen industries, including technology, banking, healthcare, government/military, manufacturing, and professional services, and hold roles ranging from front-line managers to the c-suite.
More than half of employers (53%) continue to ask candidates to self-disclose criminal histories on applications, despite the growing number of ban the box laws and Equal Employment Opportunity Commission guidance that advises against the practice.Read More