Human resource professionals need to keep their eyes peeled for a new threat in the workplace, and it comes disguised as an everyday applicant.  Although they appear to be the same as all other applicants, these seemingly normal individuals are not looking for employment opportunities.  Instead, they are scrutinizing every application, release and form they can get their hands on, looking for violations of the Fair Credit Reporting Act (FCRA) so that they can sue.  

Staying compliant with the Fair Credit Reporting Act (FCRA) while running background checks is pretty straight forward.  There are rules that must be followed before they are run, after the information has been obtained, and once an applicant has been denied a position.  The rules are very easy to follow, yet some companies are still being drawn into lawsuits and paying out massive settlements due to non-compliance with the FCRA.  While the rules and steps to staying compliant...

For almost six years, Spokeo v. Robins has been bouncing around courts at the District level, Appeals level, and most recently the U.S. Supreme Court level.  In July 2010, a putative class action was filed by Thomas Robins against Spokeo, a “people search engine.”  Robins found himself on Spokeo, which had inaccurate information about him. He then filed the lawsuit, alleging, among other things, that Spokeo had statutorily harmed his credit by maintaining inaccurate...

Most adults know that washing your hands reduces the risk of spreading germs, and cleaning and bandaging a wound prevents infection. But do you know what can happen when you pick up electronic germs?

Employers conducting business in Philadelphia will soon face the most restrictive “Ban the Box” law anywhere to date.  Signed by Mayor Michael Nutter in December of 2015, and coined by some as “Ban the Box 2.0,” the new legislation will go into effect next Monday, March 14.

 

Two current court cases, one to be decided in the U.S. Supreme Court, could lead to substantial new changes in the way employers must notify applicants and/or employees that they will be obtaining background checks on them.

Recently, a federal court in Utah reinforced the notion that a clear substance abuse policy can save employers a lot of time and money in court cases.  On November 23, 2015 the court upheld the termination of employee Angel who was unable to prove he was a victim of disability discrimination

Three new Michigan Laws (Public Acts 359, 360 and 361) designed to lower the unemployment rate among convicted felons and ex-offenders became effective January 1, 2015. They will work by protecting employers who hire ex-offenders from liability if those ex-offenders cause damage or injury during their employment. Michigan became the fifth state, following Louisiana, Georgia, Tennessee and Texas, to introduce a “Certificate of Employability” that an employer can present as...

The employment rate in Michigan continues to rise (93.3% in November), and the vast majority (87% in 2012, according to a SHRM poll) of employers are including criminal background checks on at least some of their job candidates in their candidate screening practices. However, while a majority of employers in metropolitan Detroit outsource their background checks to consumer reporting agencies (such as ASE), some conduct their background checks in-house in order to save money. Most...

On August 11, New Jersey became the 7th state to pass a Ban-the-Box law, and it will not be the last.  Joining Illinois, Massachusetts, Minnesota, Nebraska, New Mexico and Rhode Island, private employers in New Jersey with 15 or more employees may no longer inquire about an applicant’s criminal history on a job application or during the initial interview process.  The District of Columbia also has a Ban-the-Box law. This leaves Michigan employers wondering: Is Michigan...

Do you obtain consumer credit reports as part of your screening process for new employees? If so, be aware that the EEOC, with help from the Federal Trade Commission (FTC), has come out with a new round of “technical assistance” documents—i.e., regulations. Published on March 10, they are aimed at making sure you adhere strictly to the requirements of the Fair Credit Reporting Act and thus do not violate federal anti-discrimination laws. The Fair Credit Reporting Act...