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Background Checks

Hidden liability: Understand the risks of negligent hiring

06/26/2013
You know there are certain questions you just can’t ask job applicants. Typically, they expose your organization to charges of hiring bias. But using discretion in the hiring process doesn’t mean you should give up on the practice of thoroughly investigating the background of candidates for certain jobs in which a rogue worker could harm other people.

Background checks 2.0: What HR professionals need to know now

06/20/2013
When an employer conducts a background search on an applicant entirely in-house using only the employer’s staff, background check laws generally don’t apply. How­­ever, when an employer pays an outside entity to screen applicants, it must obey background check laws, including the FCRA and applicable state laws.

Hire with care as economy recovers

06/20/2013
Chances are, your organization is hiring more employees than it has in years. But going on a relative hiring binge is not without challenges. Consider these trends and insights from hiring managers.

6 elements staffing firm contracts must include

06/03/2013
When negotiating contracts with employee outsourcing firms, many organizations make background checks an afterthought and leave the specifics up to the agency. That’s a big mistake.

Minnesota Senate approves bill banning conviction questions

05/09/2013
The Minnesota Senate has approved a measure that would prohibit most private employers from asking job applicants about past criminal convictions until they have been interviewed or made a conditional job offer.

Rights groups take aim at Target over criminal records

04/11/2013
The NAACP and the advocacy group Take Action Minnesota have accused retail giant Target of unfair hiring practices, alleging that the chain unnecessarily rejects job applicants based on their criminal records.

Study spots patterns in New York discrimination litigation

03/05/2013
Employers continue to prevail in most New York discrimination cases, but litigation is taking longer. Those are among the key findings of Bond, Schoeneck & King’s recently published 2012 Study of Employment Discrimination Litigation in the Northern and Western Districts of New York.

OFCCP: Background checks only if job-related, necessary

03/05/2013
The Office of Federal Contract Compliance Programs has issued new guidance about how and when federal contractors may use a job applicant’s criminal background in the hiring process.

Reference checks: How to coax information from past employers

02/13/2013
Due to fear of lawsuits, many former employers are reluctant to assist you with employment references. If you are fortunate enough to be able to ask questions of an applicant’s former employer, don’t squander the opportunity. Use these tricks for getting valuable information.

Background checks: How safe is too safe?

01/11/2013

Q. We are considering instituting a criminal background check policy for all employee positions. We’ve heard scary stories of lawsuits regarding negligent hiring, and we’d really like to avoid that sort of litigation, not to mention the negative media attention. Is there any downside to having an “across the board” criminal background check policy?