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Background Checks

That’s not a contract! Feel free to make hiring contingent on passing background check

08/23/2011

It’s common to tell a job applicant he’s hired—as long as a background check doesn’t reveal anything that would disqualify him. But some applicants think such an offer creates a contractual relationship. Under most circumstances, it doesn’t.

Clear and fair hiring process yields the best candidates–and impresses judges

08/10/2011

Employers that develop clear, fair and transparent hiring processes seldom have to worry about losing a failure-to-hire lawsuit. That’s true even if they end up using so-called subjective reasons for not hiring a candidate. Simply put, judges are impressed when it looks like a potential employer bends over backward to ensure it doesn’t discriminate.

When evaluating job applicants, do you do a Google or Facebook search on them?

07/29/2011
Readers are split on whether it’s appropriate to conduct online searches to learn more about job applicants.

New limits on use of credit reports take effect in July

07/07/2011
On July 21, a new amendment to the Fair Credit Reporting Act (FCRA) kicks in that affects employers using consumer reports that include credit scores to make employment decisions.

Court lets employer ask EEOC about credit checks

06/30/2011
In an unusual twist, a federal trial court considering an Ohio case has permitted an employer being sued by the EEOC to ask pointed questions about the EEOC’s own hiring practices.

When hiring, what shouldn’t we ask?

06/23/2011
Q. Are there any questions we cannot or should not ask a reference when screening applicants?

Check your hiring practices! EEOC takes aim at systemic bias

06/23/2011
As its workload has increased, the EEOC has sought greater funding so it can pursue cases in which employer hiring practices discriminate broadly against members of protected classes. Those practices include using criminal background checks and credit-history checks to screen applicants.

Hot streak over? EEOC loses bid to limit credit histories in hiring

06/08/2011
In a recent case, EEOC v. Kaplan Higher Education, employers scored a major victory. Now, perhaps, we can expect more courts to look skeptically on some of the EEOC’s tactics, giving employers more tools to build the workforces they need.

Employer beats EEOC in credit-history fight

06/07/2011
The EEOC has been pushing the idea that using credit reports to screen job applicants may discriminate on the basis of race—and it’s actively pursuing cases in federal court. But now an Ohio federal court has limited the scope of a class-action lawsuit after the EEOC wanted to include many years of hiring history.

Hire education: Your step-by-step guide to legal hiring practices

06/07/2011
Employers operate in an increasingly complex legal environment, made all the more difficult by the tough economy. Hiring has emerged as a particular trouble spot. Here are the key liability hot spots you must watch out for in the hiring process.