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FCRA

Background Checks: The Devil Is In The Detail

January 16, 2015 By Chris Miller

Why Whole Foods, Dollar General, and Panera have all been sued over a tiny hiring technicality http://t.co/SFU8IZI7yW pic.twitter.com/CS9FNwyKVl

— FYI Screening (@fyiscreening) January 16, 2015

Filed Under: Employee Screening Tagged With: FCRA

Summertime – What’s Hot in Background Screening News

July 28, 2014 By Chris Miller

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.” – marketwatch.com

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. – SueWeaverCAUSE.org

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.” – fashioncounsel.com

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.” – lpportal.com

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.” – bizjournals.com

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.” – uber.com

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.” –  seyfarth.com

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 WhiteHouse.gov to YouPorn.com.” -propublica.org

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…

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Filed Under: Background Checks, Employee Screening Tagged With: Background Checks, Employee Screening, FCRA, Legal Compliance

Legislative Alert – Maryland HB175 Seeks to Limit Use of Credit Reports by Employers

February 3, 2010 By Chris Miller

We just received this alert from The National Association of Professional Background Screeners (NAPBS).

Maryland HB175 Seeks to Limit Use of Credit Reports by Employers

Maryland House Bill 175 would prohibit an employer from using an applicant’s or employee’s credit report or credit history in determining whether to deny employment to the applicant, discharge the employee or determine compensation or terms, conditions, or privileges employment; authorizing an employer to request or consider an applicant’s credit report or credit history under specified circumstances; authorizing an applicant or employee to bring an action for injunctive relief, damages, or other relief for a violation of a specified provision of law; etc.

We urge you to participate in this action alert to communicate the impact this will have on employers in Maryland and on companies providing background screening services both in Maryland and nationally.

Here is the letter that we’ve sent:

Dereck Davis, Chairman,   House Economic Matters Committee

Re:  MD House Bill 175

I am writing in opposition to House Bill 175 – Credit Reports and Credit Histories of Applicants and Employees.  This bill, if enacted, would effectively prohibit employers from utilizing credit history in hiring prospective employees.

We are a member of the National Association of Professional Background Screeners (NAPBS) which represents over 700 members and their respective companies.  Our company is a national provider of background check and credential verification information for employers. Our clients are representative of the more than 88% of companies in the US who perform background checks on their employees across the country.  Our information products protect employers from liability and ensure that newly hired employees pose no financial risk.

Credit reports are integral to the hiring process because employers must determine the accuracy and completeness of a job application. Credit reports are used for employment checks to show former addresses, former employment, and the financial situation of a prospective employee. By using credit reports in the hiring process, employers avoid wasting resources on recruiting, hiring, and training new employees, only to find out later that the hiring decision was based on incomplete or falsified information. Also, employers use credit reports to safeguard against internal theft that can be a result of employees who can not meet their monthly financial obligations.

The use of credit reports for employment decisions is governed and expressly allowed by the federal Fair Credit Reporting Act (FCRA). Under the FCRA, an employer must give the consumer notice that a credit report may be used in the hiring process and require the consumer’s written consent to access their credit report. The FCRA provides important consumer protections by requiring a notice by the employer if an adverse action is taken; i.e. the applicant is not hired. The notice includes the name, address, and phone number of the consumer reporting agency or credit reporting agency that supplied the report.  Additionally, under existing federal law, potential employees already receive certain protections relating to employer consideration of prior bankruptcy filings.

It is our hope that Maryland employers will be allowed the continued use of credit reports for hiring decisions.  If you have any questions concerning how credit reports are used by employers to make decisions, please feel free to contact me.   Thank you for your time and consideration of our views.

Sincerely,

Chris Miller

President

FYI Screening, Inc.

Filed Under: 2010 Best Employee Screening Posts, 2011 Best Employee Screening Posts, Best Practices For Employee Screening, Employee Screening, Legal Compliance Tagged With: Credit Reports, FCRA, Legal Compliance

Q&A On Using Social Networks For Background Screening

January 26, 2010 By Chris Miller

social_media_icons

I found an excellent Q&A regarding employee background screening on Human Resource Executive Online.

Question:

Can you provide the parameters for HR in the use of information discovered on the Web, such as Facebook, as it applies to job applicants?

Answer:

Social networks and blogging sites can provide an inexpensive and easy way for employers to gather a plethora of information about potential job applicants. However, employers should think twice about using information found on social-networking sites to make employment decisions because the use of such information could lead to the potential risk of employer liability.

This is because these sites contain information about job applicants that employers would not be permitted to ask about during any job interview. Therefore, using, and in some cases, simply accessing these pages for employment purposes can result in violations of various anti-discrimination statutes, privacy laws, state “off-duty” conduct statutes, and federal and state Fair Credit Reporting Acts.

For the complete article click here.

Related Posts From FYI Screening:

  • 4 Tips On How To Use Social Networks For Employee Screening
  • Employee Screening Through Social Networks
  • 5 Legal Reasons Why Your Company Should Have a Social Networking Policy
  • Twitter and Employment Law Issues
  • The Pros & Cons of Googling Candidates

Photo Credit: webtreats

Filed Under: 2008 Best Employee Screening Posts, 2009 Best Employee Screening Posts, 2010 Best Employee Screening Posts, 2011 Best Employee Screening Posts, Background Checks, employment background checks, Job Search, Legal Compliance, Sex Offenders, Social Networks Tagged With: FCRA, Legal Compliance, Social Networks

Employee Screening Articles For April 2009

May 4, 2009 By Chris Miller

In case you missed any of our employee screening articles for April, here’s a quick recap of our most popular:

  • E-Verify Supported By Homeland Security Secretary Janet Napolitano
  • 5 Improvements Coming To E-Verify
  • Job Applicants Are More Likely To Lie As The Recession Grows
  • E-Verify for Federal Contractors Delayed Again
  • A Growing Trend – Data Security and Protection
  • When Not To Do A Background Check
  • Enforcement Of The New “Red Flags Rule” Delayed Again

Smart, Compliant Hiring Decisions Made Easy

FYI Screening, Inc. offers a complete portfolio of employee screening services that will help you work smarter while providing the industry’s fastest turnaround and the highest quality results.

This will allow your company to focus on what really matters:

Hiring and Retaining The Best Employees Possible

Subscribe to our blog to stay current on all employee screening issues.

Filed Under: 2008 Best Employee Screening Posts, 2010 Best Employee Screening Posts, 2011 Best Employee Screening Posts, Best Practices For Employee Screening, E-Verify, Employee Screening, Employee Screening Tips, employment background checks, Identity Theft, Job Search, Legal Compliance, Resume Fraud, Sex Offenders, Social Networks Tagged With: Background Check, Best Practices For Employee Screening, Credit Report, Credit Reports, E-Verify, Employee Background Checks, Employee Screening, FACTA, FCRA, Identity Theft, Legal Compliance, Pre-Employment Screening, Red Flags, Resume Fraud

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