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Background Checks

Do your pre-Hire tests carry lawsuit risks? New EEOC guidance helps make the call

01/01/2008

The EEOC last month issued an extensive fact sheet that explains how federal anti-discrimination laws apply to pre-hire tests. The nonbinding guidance focuses on the best—and legal—practices for cognitive tests, personality tests, medical exams, credit checks and criminal background tests …

Worker’s criminal past won’t immediately get discrimination case tossed

01/01/2008

When an employee sues you for employment discrimination, it’s natural to want to learn more about the person suing you and whether he may have sued others. That information is readily available. But don’t expect that even a fraud conviction related to false employment claims will get the case tossed out …

Negligent hiring in case of Marion VAMC surgeon?

12/01/2007

The panel that hired Dr. Jose Veizaga-Mendez as a surgeon for the Marion Veterans Affairs Medical Center (VAMC) is under scrutiny after he was implicated in nine suspicious deaths. A check into Veizaga-Mendez’s records revealed that he lost his license in Massachusetts in 2006 over accusations of “grossly” substandard care …

Employers not liable for employee crime outside work

12/01/2007

California employers can rest easy—they aren’t liable for criminal acts their employees may undertake outside the workplace or their job responsibilities. That’s true even if the employee uses work-related materials to commit the crime, and the employer missed important clues in a background check …

Should your background checks include sex offender registries?

11/13/2007

The Internet lets employers can find out much more about prospective employees than they could just a few years ago. One sort of web site of interest to employers doing background checks: the government’s sex offender registries. Follow these guidelines to use that information responsibly—and legally.

Checklist: Top 9 Reference-Checking Questions

11/07/2007
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On applications, arrests off limits; convictions fair game—With limits

11/01/2007

Q. Our employment application asks, “Have you ever been arrested? If so, list the nature of the arrest.” Is this legal? …

‘Name, rank and serial number’ still best bet for references

11/01/2007

The old adage “If you can’t say anything nice, don’t say anything at all” seems perfectly suited to employer-supplied references. If an employee is fired or quits in lieu of being fired, it’s a safe bet she will look for another job. It’s also a safe bet that her prospective employer will want to know what type of employee it may be getting. Don’t be in a rush to provide more than basic information for any former employee …

Best practices: conducting background checks on new hires

11/01/2007

No matter the size of your operation, hiring and retaining qualified and honest employees is critical. A recent study found that 36.5% of employment verifications revealed inconsistencies and 14% provided false or inconsistent information about education. That means every employer has a good reason to undertake background checks of all potential employees before making hiring decisions, particularly for positions involving confidential or sensitive information …

The marijuana exception to queries about criminal convictions

11/01/2007

Q. I know that an employer cannot ask a job applicant about arrests. Are there any limitations on my right to inquire about convictions? …