EEOC

State Legislatures Begin to Focus on Salary History

(via NAPBS) Recently, several state legislatures have introduced bills that seek to prohibit employers from seeking or inquiring about an applicant's past salary history. The intent of these bills is to prevent wage discrimination between workers who perform equal job functions, namely workers of opposite sexes. Under many current state laws, employers may justify a […]

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New York City: New Guidance Issued for Fair Chance Act

According to an advisory released by NAPBS, New York City's Commission on Human Rights has issued updated legal guidance in regards to compliance with the Fair Chance Act and the NYC Human Rights Law. The guidance specifically states that "inquiring" includes conducting a criminal background check (either by the employer or a third party screening […]

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The Value of Background Checks—A Legally Compliant Screening Program

(This post was written by Montserrat Miller, a partner at Arnall Golden Gregory in Washington, D.C.) The Affordable Care Act provides grants to states to implement background check programs for prospective long-term-care employees in settings such as nursing facilities, home health agencies and hospices. The grant program, known as the National Background Check Program (NBCP), […]

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Can hiring ex-offenders make a business more profitable?

A recent article in The Guardian asks this question. EEOC guidance on hiring individuals with a criminal record states that the record must be considered in context. This may be one reason for that line of thinking: more than 65 million people in the United States have a criminal record, and 600,000 inmates are released […]

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Compliance: Can you require applicants to pay for their background checks?

This is an issue that we see from time to time. Either a client will invoice their applicants for the cost of a background check, or they will arrange for their applicants to contact the CRA directly to purchase a check. While this is currently legal in most states, there are a few potential issues […]

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New Compliance Initiative Takes Effect 12/1/15

To Our Clients & Partners: In keeping with our dedication to compliance, and due to the recent increase in litigation against employers and CRAs, we will be enacting a new Compliance Initiative which requires some changes to our reporting. Effective December 1, 2015, we will no longer be reporting cases with a disposition of dismissed, […]

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BMW Settles with EEOC for $1.6 Million

September 9, 2015 | posted in: Background Check Requirements, EEOC, Title VII | by

In 2013, the EEOC filed suit against BMW for their employment practices, alleging that the automaker illegally fired employees who were found ineligible under the corporate hiring policy. The policy was cited as overly broad, meaning that certain types of crimes were an automatic disqualifier regardless of how long ago the crime occurred or whether […]

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An EEOC/FTC Guide to Background Checks

During the hiring process, keeping stride with current regulation and compliance can be difficult especially for smaller businesses. There are many considerations including: equality, authorization to release information, adverse action, and record maintenance. Recently, the Equal Employment Opportunity Commission and the Federal Trade Commission jointly published a quick guide for using background checks for pre-employment […]

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Recommended Procedures for FCRA Compliance

The EEOC caused a stir last year as it sought to regulate further the background screening industry. Meanwhile, the FCRA has put into place many guidelines that employers are already required to follow. In "Don't Overlook the Fair Credit Reporting Act" Timothy McConville has laid out some recommendations for staying in compliance.

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Stories That Motivate the “Ban the Box” Movement

January 8, 2014 | posted in: Ban the Box, Criminal Record Policy, EEOC | by

The Nation provides a discussion of the motivations behind the "Ban the Box" movement including a couple of stories. Criminal Records keep many from employment, even many years later.

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