American Society of Employers
If Marijuana is Reclassified, What Jobs Might It Impact?

28 May 2024

If Marijuana is Reclassified, What Jobs Might It Impact?

Author: Michael Burns

The U.S. Department of Justice has issued a notice of proposed rulemaking that would reclassify marijuana from a Schedule I narcotic down to a Schedule III drug. Schedule I controlled substances are in the “mean street neighborhood” including heroin, LSD, and other drugs with “no currently acceptable medical use or treatment.” Schedule III drugs, on the other hand, where it is proposed marijuana be moved to is in a “friendlier neighborhood” of classified...
Spring Clean Your Background Screening Process

30 April 2024

Spring Clean Your Background Screening Process

Author: Susan Chance

Spring has sprung and hopefully all the April showers will bring May flowers. This is a good time for companies to “spring clean” their documents, processes, and procedures, particularly those that are part of background checks.

The Hidden Dangers of Free Online Background Check Services

3 October 2023

The Hidden Dangers of Free Online Background Check Services

Author: Susan Chance

In this day and age it is hard to believe, but there are still so many employers who either don’t run employment background checks on applicants/employees, or they use free online systems without considering the pitfalls of relying on these free sites.

More Changes to Background Checks in California

22 August 2023

More Changes to Background Checks in California

Author: Susan Chance

California is once again making changes to how employers can use information obtained in criminal background checks. Last month, changes that had been proposed by the California Civil Rights Council were approved by the California Civil Rights Council and the Office of Administrative Law.

Be Aware of Credit Check Restrictions That Vary by Location

11 July 2023

Be Aware of Credit Check Restrictions That Vary by Location

Author: Susan Chance

Change is a constant, and that is certainly true in background screening laws. Some changes seem like common sense and are easy to apply, such as having a clear and concise disclosure form. Making sure that anyone giving permission for an employment background check understands what they are agreeing to is basic fairness, and unless an employer has some nefarious intent in mind for a background check, this should be an easy compliance item.

Know the FCRA Requirements for Background Checks

20 June 2023

Know the FCRA Requirements for Background Checks

Author: Susan Chance

Anyone running an employment background check through a third party, such as a background screening company such as ASE and/or automated verification systems is considered a user of consumer reports and therefore must follow the requirements of the FCRA.

Chicago Expands Ban-the-Box Law Requirements

30 May 2023

Chicago Expands Ban-the-Box Law Requirements

Author: Susan Chance

Ban-the-box might seem like old news, but these laws are constantly being added and/or updated. It is important for employers to keep up with the laws in all areas in which their employees work. The city of Chicago recently expanded its requirements on how employers may use criminal records in hiring decisions. 

Fair Chance Hiring Legislation to be Aware Of

7 February 2023

Fair Chance Hiring Legislation to be Aware Of

Author: Susan Chance

Ban-the-box seems like old news by now as so many states, cities, and counties have enacted some sort of ban-the-box legislation. Most ban-the-box laws address asking about criminal history on job applications. However, some locations are taking it further with Fair Chance Hiring legislation. The Fair Chance Hiring laws address not only when, but how an employer can use criminal history in employment decisions and what obligations they have in making those decisions.
Changes to Know About in California Background Checking Law

10 January 2023

Changes to Know About in California Background Checking Law

Author: Susan Chance

California is once again looking at making changes to how employers can use information from background checks in employment decisions. The California Civil Rights Department’s Civil Right Council released their most recent draft of changes to their Fair Employment and Housing Ace (FEHA) this past December. This update addresses proposed changes to the use of criminal history for employment decisions.

Checklists for International Background Checks

13 December 2022

Checklists for International Background Checks

Author: Susan Chance

More and more employers are considering applicants from other countries to fill vacant positions. While international checks take a longer time to complete, employers can help themselves get through the process more efficiently by providing required information up front.

Are Your Background Check’s Consumer Report Disclosures FCRA Compliant?

1 November 2022

Are Your Background Check’s Consumer Report Disclosures FCRA Compliant?

Author: Susan Chance

If you use a consumer reporting agency or third-party vendor such as ASE to conduct a background check on an employee or applicant, you must comply with the Fair Credit Reporting Act (FCRA) by first providing the employee or applicant with a written consumer report disclosure. Employers that fail to do this or do it incorrectly expose themselves to significant liability.

Beware of Deepfake Job Applicants

20 September 2022

Beware of Deepfake Job Applicants

Author: Susan Chance

When we think of identity theft, our minds typically go to the culprits opening up credit card accounts or getting loans using another person's information. Identity theft has gone up over the last five years, and according to the Federal Trade Commission (FTC), the number of reported identity theft cases in 2021 increased more than 70% over 2020.

6 Steps for Employers to Set up an Effective Background Screening Program

30 August 2022

6 Steps for Employers to Set up an Effective Background Screening Program

Author: Susan Chance

More than 90% of employers use some form of a background screening on applicants or employees when making employment decisions. There can be several reasons for using them: ensuring safety in the workplace; reducing exposure to liability and legal costs; verifying information provided by applicants and employees; and ensuring position fit. However, while these value-adds may make a strong case for conducting employment background screenings, the legal landscape of this area is constantly...
Accurate and Compliant Background Checks Require More Than a Name

19 July 2022

Accurate and Compliant Background Checks Require More Than a Name

Author: Susan Chance

Most people who use background checks for employment purposes are at least familiar with the Fair Credit Reporting Act, or FCRA. But did you know that the Consumer Financial Protection Bureau (CFPB) has some control over what records a background screening company, commonly referred to as a consumer reporting agency (CRA), can provide to you as an end-user of background screening reports?

Considerations When Hiring a Minor

26 April 2022

Considerations When Hiring a Minor

Author: Susan Chance

Spring has sprung, at least by the calendar, which means it is time to hire summer help. Help could come in the form of interns, co-ops, work study programs, or perhaps even just helping a young person with an employment opportunity. What does this mean for employers?

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