American Society of Employers

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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?

Unintended Consequences of Automation in Background Checking

5 April 2022

Unintended Consequences of Automation in Background Checking

Author: Susan Chance

If you run background checks which include employment verifications, you are most likely aware that most employers these days use automated systems for employment verifications. One of the biggest of these systems is The Work Number, which is owned by Equifax.

Background Screening Updates for the New Year

11 January 2022

Background Screening Updates for the New Year

Author: Susan Chance

Last year seemed to fly by, but there was plenty of time for lawmakers to make updates to existing laws regarding background checks.

Great News for Background Checks

23 November 2021

Great News for Background Checks

Author: Susan Chance

Earlier in the year ASE shared information on the pending law that would redact dates of birth from court records. The law, that was to take effect July 1, 2021, was postponed until January 1, 2022. This change would have made it difficult, if not impossible, to conduct criminal record checks in the State of Michigan.

Cannabis – To Test or Not to Test?

2 November 2021

Cannabis – To Test or Not to Test?

Author: Susan Chance

As more and more states make the use of cannabis being legal, for medical or recreational use, employers have been challenged with making policies that will best protect the company while still allowing them to fill positions.

Background Screening Trends

12 October 2021

Background Screening Trends

Author: Susan Chance

ASE is a member of the Professional Background Screening Association (PBSA). Recently, the PBSA, along with the HR Research Institute, completed a research report, “Background Screening: Trends in the U.S. and abroad 2021.”  Of the responding employers with locations in the U.S., 95% stated that their company does some type of background screening, and 77% of those companies have a documented screening policy.

 

California Moves Forward with Birthdate Redaction

21 September 2021

California Moves Forward with Birthdate Redaction

Author: Susan Chance

Back in June we were gearing up for the new identifier redaction policy that was to go into effect in Michigan on July 1st. This policy would have caused dates of birth to be redacted from court records before those records could be provided to the public. It would also have prohibited court clerks from using date of birth in searches and from verbally verifying dates of birth.

New Supreme Court Decision Good News for Employers

24 August 2021

New Supreme Court Decision Good News for Employers

Author: Susan Chance

There is some good news for employers regarding credit checks. In a recent lawsuit, TransUnion LLC v. Ramirez (No. 20-297), the Supreme Court reversed a $40 million class action judgement that was awarded to the class members at the circuit court level. The jury of the circuit court trial awarded $1,000 in statutory damages and another $6,300 in punitive damages to each class member. The punitive damages were reduced by half in the Ninth Circuit Court of Appeals before the case proceeded to...
Avoiding Risk in Background Screening

20 July 2021

Avoiding Risk in Background Screening

Author: Susan Chance

Is avoiding risk in background screening worth having someone on staff just to help with beefing up your company’s background checking practices? One publication suggests just that. It has been my experience that most people working with backgrounds are wearing many hats, and especially with all of the events of the last 16 months or so, employers have been in a race to keep up with all of the changes to their practices just in regard to the COVID pandemic. Given the time and attention...
Redaction of Birth Dates Expected to Cause Issues

29 June 2021

Redaction of Birth Dates Expected to Cause Issues

Author: Susan Chance

A Michigan Supreme Court decision will make it difficult for employers to run background checks on applicants effective July 1, 2021. The court has ordered that birthdates and other personal information are to be redacted for court records.  

Know Employment Credit Check Limitations Per State – Part 3

6 April 2021

Know Employment Credit Check Limitations Per State – Part 3

Author: Susan Chance

This is the last installment in the list of locations which have laws restricting the use of credit checks in employment decisions. Keep in mind that laws are constantly changing, and new laws can be enacted at any time.

A Checklist for Performing Background Checks

2 February 2021

A Checklist for Performing Background Checks

Author: Susan Chance

When requesting a background check it is important to provide complete and accurate information to your screening company to get the most accurate and timely report possible. Following is a general list of information needed to complete checks:

Background Forms and Processes Housekeeping in the New Year

12 January 2021

Background Forms and Processes Housekeeping in the New Year

Author: Susan Chance

We are about two weeks into the new year, and if you have not already, this is a great time to do some housekeeping regarding your background forms and processes.

The Complexities of Background Checking

25 August 2020

The Complexities of Background Checking

Author: Susan Chance

There has been a lot of press in the last few years about the steps employers must follow before obtaining a background check on an employee or applicant. While there is no doubt that it is very important for employers to obtain completed FCRA compliant Authorization and Disclosure forms, the employer obligations do not stop there.

New Ban the Box Laws

4 August 2020

New Ban the Box Laws

Author: Susan Chance

While most of the world has been wrapped up on all things COVID related, there is still work going on regarding background check laws. From December 2019 until as recently as July 1, 2020, new ban the box laws have been enacted.

Refresher on Credit Report Regulations

2 June 2020

Refresher on Credit Report Regulations

Author: Susan Chance

You have run a credit check on an applicant or employee, and the report came back with negative information. Because of the information included in the credit report you have decided that you do not want to move ahead with the applicant, or in the case of the employee, keep them on staff. So, can you just rescind the offer to the applicant or let the employee go? The answer is no.

9 July 2019

Background Check 7-Year Reporting Limit

Author: Susan Chance

Section 605(a), of the Fair Credit Reporting Act (FCRA) addresses limitations on information contained in consumer reports, more commonly referred to as background check reports or background check profiles. This provision is intended to prevent agencies from reporting outdated information.

18 June 2019

What Does a “Dilute” Drug Test Result Mean?

Author: Susan Chance

Some drug test results return as “dilute.” While a result of “positive dilute” is a positive result, a test that shows “negative dilute” does not necessarily mean the test is negative.

12 February 2019

Have You Reviewed Your Background Disclosure Forms for Proper Grammar and Clarity?

Author: Susan Chance

If you haven’t put your background disclosure forms through a legal audit recently, you should. While laws and legalese can often be complicated and hard to understand, the regulations on background check disclosure forms require that they are simple and easy to understand. You will also want to make sure that your grammar and punctuation are accurate on your forms, if you don’t want to end up on the losing side of a lawsuit.

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