This issue of the ESR Legal Update and Newsletter reviews two of the lawsuits filed in 2008 against background screening firms by consumers. Although an employer may not always be named as a party in a lawsuit against a screening firm, employers should be concerned if a screening firmâ€™s practices end up as court cases. …Continue reading "Lawsuits Against Background Firms are on the Rise"
In this federal case, a national employment screening firm uncovered information that the applicant had an arrest record over seven years ago. There were no convictions, but arrests only. The federal Fair Credit Reporting Act (FCRA) prohibits the reporting of an arrest older than seven years old, unless the applicant is reasonably expected to make …Continue reading "Background Firm Sued for Violation of FCRA by Reporting Existence of Prohibited Records"
Employee lawsuits often catch employers by surprise. Yet, an examination of the employee’s application shows that an employer could often have predicted, well in advance, that they were hiring a lawsuit just waiting to happen. By looking for the following ten (10) danger signals, an employer can avoid hiring a problem in the first place. …Continue reading "Top 10 Signs You are Hiring a Lawsuit Waiting to Happen"
Application forms are available from a number of sources. The local or state Chamber of Commerce may have forms available. A firmâ€™s business or labor attorney will normally have a new employee package available with an application form. Human resources consultants and HR organizations may have forms. Office supply stores sell basic business forms including …Continue reading "Where to Find a Good Application Form"
One of the most effective uses of an application form is to enable an employer to directly ask an applicant if he or she has a criminal record. Unfortunately, many employers use language in their applications that is either too narrow, too broad, or too ambiguous. Each of these mistakes can put an employer in …Continue reading "Three Problems with Application Forms Asking About Past Convictions"
These ten critical areas need to be addressed in every application as part of a Safe Hiring Program: The application needs to clearly state that there will be a background check or a background check will be performed. A well-worded application form discourages applicants with something to hide, and encourages applicants to be open and …Continue reading "Ten Critical Items Every Application Needs"
Some employers still hire based primarily upon a resume. This can be a major mistake from the viewpoint of safe hiring. For an applicant, a resume is a marketing tool. Many resumes start by describing the type of job that an applicant is looking for, or a statement of skills and experience. In a resume, …Continue reading "The Reasons Employers Should Not Rely on Resumes"
In 2005, ESR produced the first comprehensive book written on safe hiring and background checks, The Safe Hiring Manual, by ESR President, Lester Rosen. ESR is pleased to announce its second book, The Safe Hiring Audit. The new book provides a blueprint to evaluate and improve a company’s hiring procedures. Companies of all sizes can …Continue reading "ESR Releases New Book on Safe Hiring-The Safe Hiring Audit"
Some firms still hire by soliciting resumes. A question that has come up deals with a situation where the e-mail address from the applicant conveys something about the applicant that appears fundamentally incompatible with the job. For example, a firm that provides elder care received a resume from an e-mail address that included the term, …Continue reading "Employer Question: Did I Discriminate Against The â€œAngel of Death?â€"
Although statistics vary widely, there is widespread agreement that a substantial number of resumes belong in the â€œfictionâ€ section of the bookstore. The rate of fraud can be as high as 40% and higher according to different sources. Applicants certainly have the right to put their best foot forward, and puffing their qualifications is an …Continue reading "The Six Biggest Applicant Lies!"