Background Checks

Before you check Facebook, ask 3 questions

05/12/2015

The practice of searching applicants’ social media accounts for background information is drawing increasing scrutiny. It’s legally risky. When deciding whether to check applicants’ social media content for background-check purposes, consider these questions.

No more credit checks for many New York City job applicants

05/06/2015

Do you routinely conduct credit checks on job applicants? Are you located in New York City? Then here’s a heads-up: The New York City Council has overwhelmingly passed an amendment to the New York City Human Rights Law that would bar most city employers from using credit checks as part of their hiring process.

EEOC urges caution on criminal background checks

05/01/2015

New EEOC guidance makes it clear: Employers better be able to prove they have a good business reason for running criminal background checks on job applicants. That means it’s time for you to review your job applications and hiring policies—and start training hiring managers on what’s certain to be a major EEOC enforcement effort.

Are we liable for negligent hiring if employee had criminal conviction?

04/13/2015

Q. Recently, one of my employees accidentally injured a client while operating a forklift during work hours. The client is now threatening to sue me for negligent hiring of this employee, because the employee has a prior—and unrelated—conviction. Does this accusation have legal grounds?

Internal thefts: OK to redo background checks?

04/13/2015

As this case shows, running new background checks on your current staff is not, by itself, a discriminatory act. Just make sure you set clear standards on how you will react to the results.

Worker’s immigration status won’t let employer off hook

03/30/2015

A California appeals court has ordered a new trial for a worker who may have lost a lawsuit because the jury learned that he was an illegal immigrant.

Cracking down on internal theft problem? Be sure to handle criminal checks properly

03/10/2015

Has your workplace experienced an increase in theft? If so, you’re probably exploring loss-prevention measures. While you assess your options, make sure you don’t crack down on employees in ways that will land you in court.

Court slams EEOC on background checks

03/10/2015

EEOC efforts to crack down on employers’ use of credit and criminal checks suffered a serious setback on Feb. 20 when the 4th Circuit Court of Appeals upheld a lower court ruling that exonerated an employer of illegally running discriminatory background checks on job applicants.

Prodigal employee? Ensure hiring managers don’t know details of prior complaints

03/03/2015

Even after an employee who has participated in employment lawsuits or complaints is discharged for entirely legitimate reasons, he may later sue if he isn’t rehired. Then he’ll try to argue that his prior protected activity was the reason he wasn’t rehired. To avoid such lawsuits, make sure the hiring manager knows little or nothing about those prior activities.

Tips to follow if you insist on Googling applicants

02/26/2015

40% of respondents admitted to an HR Specialist poll that they sometimes Google applicants. If that’s you, at least do it safely.