• Skip to content
  • Skip to primary sidebar

FYI Employee Background Screening

Faster, Smarter, Easier Employee Screening

Header Right

  • About
  • Solutions
  • Blog
  • Contact
  • Login

800.809.2419

2011 Best Employee Screening Posts

People With Criminal Records “Need Not Apply”

March 23, 2011 By Chris Miller

jail

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

(Source: yubanet.com) 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?

courthouse

(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 (www.ftc.gov) 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 (www.eeoc.gov/policy/docs/arrest_records.html).

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 (www.eeoc.gov/policy/docs/convict1.html).

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

Filed Under: 2011 Best Employee Screening Posts, Background Checks, employment background checks Tagged With: Background Checks, Legal Compliance

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

March 16, 2011 By Chris Miller

question_valerie_everett

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

Filed Under: 2009 Best Employee Screening Posts, 2010 Best Employee Screening Posts, 2011 Best Employee Screening Posts, Background Checks, employment background checks, Legal Compliance, Negligent Hiring, Sex Offenders, Social Networks Tagged With: Background Checks, Legal Compliance

The Challenges of Background Check Compliance for Employers

October 19, 2010 By Chris Miller

maze1

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.

  • Contact us for a background screening consultation.
  • Subscribe to our blog to stay informed.
  • Follow on Twitter for the latest news and tips on background checks, HR, security, privacy and more.

Photo credit: kelp1966

Filed Under: 2010 Best Employee Screening Posts, 2011 Best Employee Screening Posts, Best Practices For Employee Screening, employment background checks, Legal Compliance Tagged With: Legal Compliance

How Credit Checks Affect The Decision To Hire

September 24, 2010 By Chris Miller

This recent poll by SHRM provides an up-to-date look at the impact of credit checks on the decision to hire. It looks at factors that have the most impact on hiring decisions, the reasons that organizations conduct credit checks, the types of job candidates most likely to be subject to credit checks and more.

SHRM POLL CREDIT CHECKS

View more presentations from shrm.

Filed Under: 2011 Best Employee Screening Posts, Background Checks Tagged With: Credit Reports

The Small Business Owner Background Check Guide

September 23, 2010 By Chris Miller

Privacy Rights Clearinghouse, a nonprofit consumer education and advocacy project, recently updated the Small Business Owner Background Check Guide.

This is an excellent guide to help businesses of any size learn the basic information about employee background screening. Here are links to the guide:

Small Business Owner Background Check Guide

  1. Introduction
  2. Background Check Primer: Know the Terminology
  3. Employment Background Checks and Federal Law, the FCRA
  4. What Can an Employer Find Out? What Is Off Limits?
  5. Should I Hire an Outside Screening Company?
  6. Background Checks: Not Just for Applicants
  7. The Employer’s Obligations under the FCRA
  8. Proper Disposal of Employment Reports
  9. Workplace Investigations: New Rules for Employers
  10. Special Rules for California Employers
  11. Employer Checklist and Tips
  12. Resources

Filed Under: 2011 Best Employee Screening Posts, Background Checks Tagged With: Background Check

  • « Previous Page
  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
  • …
  • Page 20
  • Next Page »

Primary Sidebar

Connect With Us

  • Facebook
  • Linkedin
  • Pinterest
  • Twitter

Recent Posts

  • 5 Reasons To Love Background Checks
  • Happy Independence Day!
  • 4 Great Reasons To Use FYI Screening For Your Background Checks
  • Happy Holidays from FYI Screening!
  • Happy Halloween from FYI Screening!

Testimonials

“I’ve worked with Chris Miller for over 20 years and I can always count on FYI to provide quality, accurate information in a timely manner. We rely on FYI heavily for our internet fraud investigations. I highly recommend their services.”

VP Loss Prevention & Safety Services – NEW YORK & COMPANY

Copyright © 2022 · FYI Screening · 800.809.2419 · Compliance