Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government. Unwelcome sexual advances, requests for […]
Category: Employment Background Check
Questions and Answers About the EEOC’s Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII
On April 25, 2012, the U.S. Equal Employment Opportunity Commission (EEOC or Commission) issued its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e. The Guidance consolidates and supersedes the Commission’s 1987 and 1990 policy statements on […]
What To Do When the Boss Comes on to You – Newsletter, February 2018
DRUG TESTING Your co-worker won’t take no for an answer when it comes to drinks after work. And why is it that your supervisor can’t seem to pass you in the corridor without brushing up against you? Every day is a fresh headline. Democratic Sen. Al Franken. Philadelphia Sheriff Jewell Williams. Comedian Louis C.K. Republican U.S. Senate […]
[New] Rules for Adverse Action
Step 1: Written notice and authorization from applicant is required BEFORE you can order a consumer report/background check for employment purposes. You must notify the individual in writing – in a Stand Alone document. This Stand Alone document is the Release Authorization Notice. The applicant is giving permission for your company to request a background […]
Running Background Checks on Current Employees
Article by Ryan Howard Why Screen Current Employees? An employer must determine if checking current employees is worth the potential risks of losing a great employee. Other things to consider are: Discrimination if only a certain segment of the workforce is screened where others are not. The cost of ongoing background checks The findings may or may not be […]
Background Checks: What Employers Need to Know Tips From the FTC & EEOC
FTC Once you’ve satisfied all applicable recordkeeping requirements, you may dispose of any background reports you received. However, the law requires that you dispose of the reports – and any information gathered from them – securely. That can include burning, pulverizing, or shredding paper documents and disposing of electronic information so that it can’t be read or […]
Background check : What Employers Need to Know
FTC When taking an adverse action (for example, not hiring an applicant or firing an employee) based on background information obtained through a company in the business of compiling background information, the FCRA has additional requirements: Before you take an adverse employment action, you must give the applicant or employee: a notice that includes a copy of […]
Background Checks: What Employers Need to Know Tips From the FTC & EEOC
Before You Get Background Information FTC If you get background information (for example, a credit or criminal background report) from a company in the business of compiling background information, there are additional procedures the FCRA requires beforehand: Tell the applicant or employee you might use the information for decisions about his or her employment. This notice […]
Decided Not to Hire an Applicant — Now What?
Adverse Notification Before employers decide not to hire an applicant based in whole or in part on the background screening results, two letters of notification must be sent. First, a pre-adverse action letter informing the applicant that he/she may not be hired as a result of information on background screening report. It also explains what the applicant can do […]
Background Check Compliance : Rules for Adverse Action
What is Adverse Action? As it relates to background investigations for the purposes of screening an applicant prior to hire, the term “adverse action” refers to the hiring company taking the action of declining an applicant or withdrawing an offer of employment. The use of the term adverse action in the remainder of this discussion […]