California Employers Should Reevaluate Their Criminal Background Check Policies Before July 1, 2017

May 3, 2017

Employer Alert – Philadelphia “Ban the Box” Amendments To Go Into Effect On March 14, 2016

March 1, 2016

Employers Running Background Checks: Top 10 Tips to Avoid Legal Trouble

February 23, 2015

Summertime – What’s Hot in Background Screening News

July 28, 2014

Nokomis Beach

Having trouble keeping up with all there is to know about employee background screening?

We can help.

FYI Screening stays on top of the latest industry news, trends and relevant compliance issues.  We are a powerful source of advice, information, and experience.

One of the best ways to tap into our vast source of information is to follow us on Twitter @fyiscreening.

Here are some of the helpful articles we’ve been sharing…

7 Privacy Rights You’re Losing At Work

“The workplace is becoming ever more micro-managed at the expense of personal privacy. Here are just a few examples of how these protections we used to take for granted have been taken away in recent years.” –

Background Checks For Consumer Safety (pdf) 

Testimony of Lucia Bone (@SueWeaverCAUSE) before the United States House of Representatives Committee on Education and the Workforce Subcommittee on Workforce Protections.  Sue Weaver CAUSE is a nonprofit, founded in memory of Lucia Bone’s sister, Sue Weaver. Promoting background checks for consumer safety. -

Home Depot Becomes Latest Retailer Sued for Violations of the Fair Credit Reporting Act

“The employment application process has become increasingly complex and a growing source of litigation for retailers and other employers. Home Depot Inc. was recently slapped with a lawsuit alleging that the behemoth retailer runs background checks on employees and job applicants without properly notifying them or providing copies of the reports before taking adverse action against them over the reports’ findings.” –

Background Screening Report Reveals Retail Industry Trends

“The report takes an in-depth look at retailers’ background check habits including what checks are run, what positions are screened and how retailers are reacting to EEOC guidance and ban-the-box laws.  Retailers were asked to rank their various reasons for performing background checks, showing that safety is their biggest concern.” –

1. Safer work environment
2. Hire better employees
3. Customer safety
4. Shrink reduction
5. Protect brand and image

Crime Victims, Small Businesses Blast EEOC’s Background Checks Guidance

“Small businesses contend the EEOC’s guidance on using criminal background checks is so confusing that they could still be sued by the agency even if they tried to follow it.” –

Want To Read Uber’s Background Check Policy?

“The background check process for drivers working for the popular ridesharing app Uber has been in the news lately. The $17 billion startup has been plagued by accusations that safety is not enough of a priority. Uber recently announced that it would subject itself to an audit, to be carried out by former New York City mayor Rudy Giuliani.” –

Illinois Joins Other States Restricting Employer Use Of Criminal Background Checks

“Illinois now joins increasingly numerous jurisdictions that restrict employers’ use of criminal background checks in hiring. More specifically, in restricting employers’ use of criminal history, Illinois joins Hawaii, Massachusetts, Minnesota, and Rhode Island, plus numerous municipalities including Baltimore, Philadelphia, Seattle, Buffalo, Newark, San Francisco and Louisville.” -

Meet the Online Tracking Device That is Virtually Impossible to Block

“A new, extremely persistent type of online tracking is shadowing visitors to thousands of top websites, from to”

About FYI Screening

Founded in 1994, FYI Screening provides reliable, in-depth, and compliant background checks for organizations of every size.  We offer a simple but powerful web-based background screening system, backed by in-depth expertise, and great customer service.  FYI Screening provides you with everything you need to create a compliant and effective background screening process for your company.

 Stay in touch…


What Employers Need to Know About Conducting Criminal Background Checks in Massachusetts

March 19, 2012


Littler Mendelson, the nation’s largest employment and labor law firm, has an important update for Massachusetts employers conducting background checks:

Massachusetts Employers Face New Obligations When Conducting Background Checks Involving Criminal History Records

Effective May 4, 2012, the Massachusetts Criminal Offender Record Information (CORI) Reform Act (the Act), which was enacted in August 2010 with the controversial “ban the box” legislation, will significantly change the way employers access, use, and maintain information obtained through the Commonwealth’s CORI system. The Act will allow all employers access to a new online records system, but also imposes obligations on employers that acquire criminal history information from private sources, such as consumer reporting agencies (background report vendors such as FYI Screening). Employers should review their hiring and background check policies now to determine whether any updates are necessary.

Related article:

2010 CORI Reform Explained: How the law is changing, and when. (pdf)

Photo credit: Zoom Zoom

3 Myths About Employing People With Criminal Histories

June 1, 2011


Stephanie R. Thomas, hosts “The Proactive Employer Podcast“, which is a weekly broadcast dedicated to EEO compliance and employment litigation risk management.

Last week she reported on the myths about employing people with criminal histories.

Here’s a recap of the podcast:

Each year, more than 700,000 people are released from federal and state prisons, and another 9 million cycle through local jails. Federal agencies are funding reentry efforts in communities all around the country, and the Obama administration is working across agencies to coordinate and advance efforts through the Federal Reentry Council.

Part of the reentry process is finding employment.

In this installment of The Proactive Employer Podcast, Stephanie talks about what the Federal Reentry Council is doing to assist with employment efforts. She talks about three common myths regarding employment of individuals with criminal backgrounds and she also covers common questions regarding employee background screening.


MYTH #1 : People with criminal records are automatically barred from employment.

MYTH #2: Businesses and employers have no way to protect themselves from potential property and monetary losses should an individual they hire prove to be dishonest.

  • FACT: Through the Federal Bonding Program (FBP), funded and administered by the U.S. Department of Labor (DOL), fidelity insurance bonds are available to indemnify employers for loss of money or property sustained through the dishonest acts of their employees (i.e., theft, forgery, larceny, and embezzlement).
  • Get the Myth Buster fact sheet (PDF).

MYTH #3: The Federal Government’s hiring policies prohibit employment of people with criminal records.

Need help in sorting out the facts from myths about employee background checks? Give us a call at 1-800-809-2419. We’d love to hear from you.


People With Criminal Records “Need Not Apply”

March 23, 2011


Hopefully your company doesn’t have this kind of policy…

(Source: According to the National Employment Law Project (NELP) more than one in four U.S. adults — roughly 65 million people –have an arrest or conviction that shows up in a routine criminal background check, and a new report from NELP finds that these Americans are facing unprecedented barriers to employment. With the rapidly expanding use of background checks, employers are routinely, and often illegally, excluding all job applicants who have criminal records from consideration, no matter how minor or dated their offenses.

The new report highlights the widespread and illegal use of blanket no-hire policies by providing numerous examples of online job ads posted on Craigslist, including some by major corporations, that effectively bar significant portions of the U.S. population from work opportunities. Because of their blunt impact and extreme overreach, these blanket no-hire policies have become the subject of increasing litigation, attracting heightened scrutiny from the courts and concerned policymakers. At the same time, 92 percent of employers conduct criminal background checks, according to a 2010 Society for Human Resources Management survey.

The NELP report, entitled “65 Million ‘Need Not Apply’: The Case for Reforming Criminal Background Checks for Employment,” surveys online job ads posted on Craigslist in five major cities—San Francisco, Los Angeles, Chicago, New York, and Atlanta. The survey found numerous examples in which extreme requirements precluded consideration of anyone with a criminal record, in clear violation of federal civil rights law. Major companies, such as Domino’s Pizza, the Omni Hotel, and Adecco USA, were just some of the employers that listed entry-level jobs on Craigslist—ranging from warehouse workers to delivery drivers to sales clerks—that unambiguously shut the door on applicants with criminal records.

Read the rest of the article here.

Download the NELP report:  “65 Million ‘Need Not Apply’: The Case for Reforming Criminal Background Checks for Employment” (PDF)

How Do You Become a Model Employer and Comply with the Law?


(Source: NELP’s guide to best practices for employers who conduct criminal background checks)

Step 1
Identify positions that require a background check under state or federal law, or that require a background check due to the sensitivity of the job. You are not required by law to perform a background check for most positions.

Step 2
Do not request criminal history information on the initial job application. Inquire into an individual’s criminal history only after the applicant has been selected as a final candidate.
Many cities, states, and even some federal agencies delay background checks because “it is generally more practical and cost-effective.” (U.S. Office of Personnel Management Regulations.)

Step 3
If you conduct a background check, be sure to comply with the legal requirements of the Fair Credit Reporting Act.

First, give notice to the applicant and get the worker’s consent. If the background report includes criminal history information, provide a copy to the applicant and allow the applicant to contest or explain the information included before making an employment decision.

See the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) and the Federal Trade Commission ( for your obligations. Your state may have additional requirements.

Step 4
Consider only job-related and recent convictions when making an employment decision. Consideration of arrest information likely violates federal civil rights law and may violate state law.

See the EEOC Policy Guidance on the Consideration of Arrest Records (

Step 5
Be sure to comply with the legal requirements of Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e).

Deny employment only if the conviction is job-related and doing so is consistent with “business necessity.”

Be sure to consider the following factors:

1. The nature or gravity of the offense or offenses;
2. The bearing, if any, of the offense(s) on any specific responsibilities of the job or position;
3. The time that has elapsed since the offense;
4. The age of the applicant or employee at the time of the offense;
5. Any evidence of rehabilitation.

See the EEOC Policy Statement on the Issue of Conviction Records (

Step 6
Let the community know that you are a model employer committed to considering all qualified candidates and building a diverse workforce.

Reach out to the local Chambers of Commerce, Workforce Investment Boards and other local partners to publicize your model practices.

Download NELP’s guide to best practices for employers who conduct criminal background checks (PDF).

Photo credits: Cosima’s Digital Designs, Zoom Zoom

Is It Legal For An Employer To Charge A Potential Employee For A Background Check?

March 16, 2011


I recently checked out Quora which is getting a lot of buzz lately (with mixed reviews). What is Quora you ask? The best way to describe it is it’s a Q&A social networking site. I’m not sure if Quora is going to be social media’s newest “it” platform, but I did find some questions on employee background screening that you might find helpful.

Here’s one question that I recently answered:

Q – Is it legal for an employer to charge a potential employee for a background check? If a business requires employees to be screened for past criminal behavior, is it acceptable to charge potential employees for the cost of the screening?

A- There is no federal law that prohibits employers charging a potential employee for a background check but the following states (and Washington, DC) have laws that limit this practice:

  • California, Minnesota, Washington,DC – the employee cannot be required to pay for a background check as a condition of employment.
  • Vermont – limits an employer charging a potential employee for a background check if they are using specific sources.
  • Kansas – employers can’t require potential employees to obtain their own records and give them to the employer.

What questions do you have about background checks?

Photo credit: Valerie Everett

Top 10 Employee Background Screening Posts For 2010

December 17, 2010


Social screening candidates, increasingly complex compliance issues for employers and workplace violence articles were the most widely-read posts from our blog in 2010.  Stay tuned and we’ll keep you informed of the latest trends, best practices and legal compliance issues for employee background screening in 2011.

Below you’ll find our most widely-read posts of the year:

  1. Q&A On Using Social Networks For Background Screening
  2. Social Media And Employee Background Screening
  3. 8 Tips On How Employers Can Minimize Risk Of Workplace Violence
  4. Is Your Employee Background Screening Policy Up To Date?
  5. Everything You Need To Know About Form I-9 Compliance
  6. Legislative Alert – Maryland HB175 Seeks to Limit Use of Credit Reports by Employers
  7. Hundreds Of Felons Admitted To Ohio Schools
  8. How To Reduce The Risk Of Workplace Violence
  9. Over 100 Employee Background Screening Resources
  10. 10 Things You Probably Don’t Want To Post On Facebook If You’re Looking For A Job


Photo credit: Daquella manera

The Challenges of Background Check Compliance for Employers

October 19, 2010


Littler Mendelson’s Privacy & Data Protection Practice Group just published an excellent article highlighting the challenges of background check compliance for employers:

New California Law Illustrates Challenges of Background Check Compliance for Employers

“Background checks seem to be a hot topic in state legislatures these days. In the past six months, for example, several states — including Illinois, Massachusetts, Oregon, and most recently California — have enacted laws bearing upon the process of checking the backgrounds of job applicants and employees. Under the new California law (pdf), effective January 1, 2012, background check authorizations must include the “Internet Web site address . . . where the consumer may find information about the investigative reporting agency’s privacy practices.” This seemingly trivial change is endemic to the challenges that employers confront in the area of background check compliance.”

Read more

Smart, Compliant Hiring Decisions Made Easy

FYI Screening can help your company navigate the compliance maze. You’ll feel confident that you’re using the most up-to-date, accurate information available to ensure a safe and compliant environment for your workforce and customers.

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