Tag Archives: employment screening

Safe Hiring Expert Says Employers Not Performing Employment Screening May End Up Defendants in Court

In remarks made at the Society for Human Resource Management (SHRM) Employment Law and Legislative Conference held recently in Washington, DC, Lester Rosen, an Attorney and the author of ‘The Safe Hiring Manual,’ said every employer has a legal duty to exercise due diligence in hiring and employers that do not perform employment screening risk ending up as defendants in negligent hiring lawsuits, this according to the article ‘No Background Screening? Call Yourself ‘Defendant’’ on HR Daily Advisor. Continue reading

Many US States Considering Bills Limiting Use of Credit Reports for Employment Screening Background Checks

While only four U.S. states – Hawaii, Oregon, Washington, and most recently Illinois – currently have laws limiting or prohibiting credit checks by employers on job applicants and employees, lawmakers in many U.S. states are currently proposing legislation restricting the use of credit reports for employment screening background checks.

In all, lawmakers in 18 U.S. states are considering bills that limit the use of credit report data for employment screening. These states include: California, Connecticut, Florida, Georgia, Indiana, Kentucky, Maryland, Michigan, Missouri, Montana, Nebraska, New Jersey, New Mexico, New York, Ohio, Pennsylvania, Texas, and Vermont. Continue reading

Voice Stress Test for Employment Screening: Science Fiction or Scientific Breakthrough

A recent story from Canada in The Vancouver Sun – ‘Controversial device popular with public, private employers’ – reveals that while tests using a “truth verification” device called a Computerized Voice Stress Analyzer (CVSA) to screen job applicants in British Columbia are becoming increasingly popular with employers, the accuracy rate is being questioned as some studies have shown the device to do no better than pure chance. Continue reading

Human Resources Advised to Stay Informed about Federal and State Laws Regulating Employment Screening

In an effort to keep Human Resources (HR) leaders and professionals informed about the latest legislative, compliance, and regulatory issues affecting how they conduct day-to-day business in their workplaces – including employment screening and safe hiring – the Society for Human Resource Management (SHRM) will hold the 2011 SHRM Employment Law and Legislative Conference from Monday, March 14, 2011 to Wednesday, March 16, 2011 at the Hyatt Washington in Washington D.C.. For more information about the conference, visit: http://www.shrm.org/Conferences/EmploymentLawLegislativeConference/Pages/default.aspx. Continue reading

California Employers Warned to Use Caution When Dealing with Laws Regulating Pre-Employment Screening

To avoid bad hiring decisions, employers have increasingly turned to pre-employment background screening as a risk management tool. However, no employment screening program can be conducted by employers without a full understanding of a number of laws including the Fair Credit Reporting Act (FCRA), discrimination and privacy laws, and the Americans with Disabilities Act (ADA). The challenge is even greater for California employers who must use caution when dealing with additional rules regulating employment screening. Continue reading

Background Check Information May Be Flawed Due to Typos Such as Misspelled Names

A story from the Palm Beach Post in South Florida reveals how a possible typographical error in the background check of a man hired to become a West Palm Beach school’s new headmaster and president may have led to school officials being unaware about his alleged past financial crimes, including a felony charge for writing a bad check and several civil lawsuits for failing to pay his debts. Continue reading

Case of Mistaken Identity in Background Check Shows Importance of Accurate Employment Screening

A ‘7 On Your Side’ report from KGO-TV ABC 7 in San Francisco, CA, shows that while many employers currently conduct criminal background checks on job applicants as part of an employment screening program, these job applicants can find out the hard way what happens if those background check results are a case of mistaken identity. Continue reading

ACLU Calls Background Checks Asking for Social Network Passwords of Job Applicants Illegal Invasion of Privacy

Should employers be allowed to ask job applicants for the logins and passwords to their social network site profiles such as Facebook as part of employment background checks? The answer to this question may involve the next frontier of online privacy, suggests the American Civil Liberties Union (ACLU), after the Maryland Department of Corrections (DOC) asked a job candidate for his Facebook login information as part of a background check. Continue reading

EEOC Examines Practice of Employers Excluding Unemployed Job Applicants from Job Vacancies

The U.S. Equal Employment Opportunity Commission (EEOC) held a public meeting on Wednesday, February 16, 2011 to examine the practice by employers of considering only those currently employed for job vacancies and excluding currently unemployed persons from job applicant pools, including in job announcements, and also to hear from invited panelists on the potential impact on job seekers, according to an EEOC press release titled ‘Out of Work? Out of Luck.’ Continue reading

Colorado Bill Would Severely Limit Use of Credit Reports in Employment Screening

A proposed Colorado law would restrict the use of credit reports of job applicants by employers to certain situations, and make employers that use the information adversely indicate what information they relied upon in the credit report to make their decision. Continue reading