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Background Checks

Ban criminal history queries on applications

09/05/2019
It’s time to reconsider your practice of asking potential employees about their criminal record histories. That’s especially true if you ask the question upfront, on your application or before you have even reviewed candidates’ other qualifications.

Texas suit challenges EEOC background check rules

08/01/2019
The 5th Circuit Court of Appeals recently heard oral arguments in a case brought by the Texas Attorney General’s Office. The suit challenges 2012 EEOC guidelines on the use of criminal background checks in hiring.

Criminal background checks in the Ban the Box era

07/09/2019
If and when to use hiring tools such as background checks for employment and criminal background checks depends on many factors.

Questions and answers: How to hire in a legally safe way

07/02/2019
If it goes well, hiring a new employee is the beginning of a fruitful working relationship. But hiring can also be a legal minefield in which one wrong step can lead to a costly lawsuit. This Q&A is designed to keep you on the right hiring path.

Appeals court clarifies FCRA disclosure requirements

04/10/2019
The federal Fair Credit Reporting Act remains one of the most contentious and expensive litigation areas for employers. Now the 9th Circuit has again weighed in on this issue, raising the standard required to meet the disclosure requirements.

Consider outsourcing background checks

02/06/2019
Have the vendor limit the information it passes along to brief summaries instead of exhaustive details about applicants’ backgrounds.

N.Y. legal update: Preventing data breaches, criminal records checks

01/29/2019
This month, we bring you news on data breaches and further restrictions on using criminal records in the hiring process.

How will upcoming expungement of marijuana-related records affect hiring?

01/11/2019
Q. We’ve heard that soon, Californians who have prior marijuana convictions may have their marijuana-related criminal records expunged. How might this affect our hiring processes?

Business necessity can justify criminal ban

10/29/2018
A number of convict-rights advocacy organizations have sued, alleging that some employers aren’t doing enough to prevent inadvertent discrimination on the basis of criminal histories. Fortunately, employers have a defense against such lawsuits.

Snapshot: Who knows about ban the box?

08/14/2018
Eleven states and dozens of localities make it unlawful to ask about arrests or convictions on job applications.