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Background Checks

Checking applicant references: How to dig the dirt–legally

07/26/2010

As part of the hiring process, supervisors are sometimes called on to check an applicant’s references. Those phone calls can help you accurately assess a person’s strengths, weaknesses and past job performance. But checking references can also be challenging—and legally tricky. Here are six guidelines for soliciting information without bumping into legal issues:

Are there privacy concerns when I use social media to check out applicants?

07/23/2010
Q. Am I invading applicants’ privacy by reviewing their Facebook, MySpace, blogs and Twitter feeds?

Am I allowed to check social media web sites for information on job applicants?

07/23/2010
Q. Is it OK for me to consider information about a job applicant that I learn by using Google, viewing Facebook pages and reviewing Twitter feeds?

Is our policy on criminal records legal?

06/09/2010
Q. We currently have a policy against the hiring of anyone with a felony conviction. Can you shed some light on whether this policy is legal?

Know the law governing background criminal and credit checks

06/02/2010
No law bars employers from conducting criminal background checks. However, conducting checks when it isn’t necessary not only wastes resources, it may increase the risk of being sued. The same is true of credit checks. Two lawsuits challenging the fairness of background checks serve as cautionary tales for employers.

EEOC, N.J. man say Accenture’s background checks are biased

05/26/2010
Management consulting giant Accenture faces a class-action lawsuit over its use of background checks on job applicants. The suit, filed in New York, alleges Accenture’s policy of background checks has a disparate impact on minorities.

The HR I.Q. Test: May ’10

05/12/2010
Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

Fair Credit Reporting Act doesn’t apply to complaints that lead to firing

05/06/2010
If you decide not to hire an applicant based on a background check, the applicant has a right to see the information the reporting agency provided. But what about complaints from customers or clients that become the basis for termination? Do those complaints have to be disclosed to the fired employee? Not according to a recent 5th Circuit Court of Appeals decision.

Feds turning up heat on HR background checks

05/05/2010
Get ready for increased legal scrutiny and regulations of your background screening and prehire testing procedures. In recent months, the EEOC, Congress and state legislatures have signaled interest in putting new restrictions on employers.

Why should we keep our policy of not providing references for former employees?

04/28/2010
Q. We have a few supervisors who think it’s OK to write reference letters only for “good” employees. But our policy says supervisors can’t issue reference letters for any current or former employee. I’m having a hard time finding a reason that justifies our policy. Any suggestions?