Archives for September 2015

There are certain federal laws in place that protect employees and job applicants from discrimination. They prohibit discrimination based on disability, religion, gender, national origin, color, race, age (40 or older), and genetic information (includes family medical history). The Equal Employment Opportunity Commission (EEOC) enforces these laws and ensures that employers comply with the EEOC.

When employers make personnel decisions such as reassignment, promotion, or hiring, they often conduct background checks on the employee or applicant. In most cases, an employer or prospective employer can legally ask questions about a person’s background including their employment history, education, credit or financial information, criminal data, and even use of social media. They may require a background check as one of the terms of employment or promotion.

Employers who conduct background checks using any company that compiles background data as a business is required to comply with the Fair Credit Reporting Act (FCRA). The FCRA is enforced by the Federal Trade Commission (FTC). Any employer who conducts a background check on an employee or applicant must do so within the limits of these laws.

Key areas of EEOC and FCRA compliance include:

• Equality – Employers must always ensure that they are treating all applicants or employees equally. It is illegal to conduct a background check only on applicants or employees who are of a specific race, gender, disability, or other specifications. The same process must be uniform across all applicants or employees. For more EEOC information, visit the website www.eeoc.gov.

• Before initiating a Background Check – Employers are bound to laws under the FCRA to:
  • Inform the applicant or employee that the data may be used to make a decision about their employment
  • Inform the applicant or employee of their right to obtain a description of the scope and nature of an investigation when an investigative report is requested
  • Obtain the applicant’s or employee’s authorization in writing to allow the background check to be conducted
  • Provide to the company conducting the background check that the applicant/employee has been notified, the request is in compliance with all FCRA requirements, and no discrimination has taken place or will take place (or other types of inappropriate use of the data)

• Disability Related Problem in Background Check – If the applicant or employee has a problem in their background check report that is related to a disability the employer should make exceptions if the person can adequately demonstrate their ability to do the job. Failure to do so could result in discrimination claims. There are also certain provisions for individuals who have a criminal report.

• When adverse action is taken – When an applicant is not hired or an employee is terminated due to information obtained in their background check, the employer must inform them in writing of the information in the report led to their rejection/termination. Information on the company that created the report, including name, address, and phone number must also be given to the individual. Additionally, they must be advised that the company that generated the report did not make the decision and that they have the right to dispute the completeness or accuracy of the report.

Regardless of the decision, employers must retain the all employment or personnel records, even applicants who were not hired, as well as background checks and other application related material for a minimum of one year after the personnel action was taken or the records were created, whichever is later. The retention timeframe is two years for local and state governments, educational institutions, and federal contractors with 150 or more employees and a government contract that is $150,000 or greater. In the event of a discrimination lawsuit, the employer is required to maintain all records pertaining to the individual until the case is completed and closed.

Disclaimer: The information on InstantCriminalChecks.com is governed by our Terms of Use and is never intended as legal advice.

With compliance and liability such pressing concerns these days in most business arenas, it’s more crucial than ever for business owners and HR departments to not fall victim to resume fraud. Unchecked, bad hiring decisions can snowball into regulatory sanctions, fines and lawsuits. Successful hiring leads to valuable assets who are loyal, dedicated and hard-working; however, poor hiring can lead to lost productivity and even breached safety and violence in the workplace.

The best way for businesses to protect themselves against resume fraud and maximize the odds of a successful hire is by knowing the truth about each potential candidate. Understandably, all applicants strive to show themselves in the best possible light; however, in this challenging economy and job landscape, some people take this too far and into the realm of exaggeration, stretching the truth, or outright lying. An AOL Jobs survey found that 26.5% of respondents admitted they’ve lied on a resume or would consider doing so.

Any type of fraud is a threat to a business, and lying on a resume is one of the most insidious types. Employers should know who they’re hiring.

Some of the red flags to watch out for when it comes to resume fraud include:

Discrepancies. Employers should look at all resumes with a critical eye. Time frame discrepancies, errors and omissions should all be explored deeper. If an achievement or accomplishment seems too good to be true, it just might be. Use the internet to fact-check everything you can, and make phone calls to listed organizations and references.

The long-term unemployed. A SHRM-funded research project found that the longer someone has been out of work, the more likely they are to fabricate parts of their resume. Inquire about any and all employment gaps.

Those with a history of dishonesty. If someone has committed fraud or other crimes before, they are more likely to be unscrupulous again in the future. Employment background checks can help with finding out the truth about a person’s past actions in both the workplace and their personal life.

Interview inconsistencies. Interviewers should get key questions ready ahead of time to effectively vet each potential new hire, especially if there are questions about the veracity of the claims on a resume. Any interview answers that don’t add up should be explored and verified.

Resume fraud can occur in any department and at any level of a company. While the hiring party can use their intuition when considering an applicant, the only way to check if a candidate doesn’t have a criminal past is with a criminal background check.

Disclaimer: The information on InstantCriminalChecks.com is governed by our Terms of Use and is never intended as legal advice.

Employers have a responsibility to hire people who will not only be respectful and conscientious on the job; they must also screen out workers who could pose a threat to the other employees and create an unsafe workplace. If an employer fails to do so, they could face negligent hiring claims.

Clearly, quality hiring decisions are key to a successful business and a positive brand image. However, they are also crucial to workplace safety.

Here are some key things employers can do to avoid negligent hiring claims and help to ensure a secure and effective workplace:

1. Safe Workplace Structures and Procedures

Workplace safety starts with a well-organized work environment. Safe procedures, ergonomic equipment and well-trained staff make it easier for new hires to fall in line with workplace safety. This sets the tone for efficient, effective and safe operations going forward for both staff and customers.

2. A Brand Ethos of Safety

Safety and security should also be a part of the workplace brand. Creating an atmosphere of quality operations and accountability automatically builds this energy into the workplace. Safety can then become “contagious” in a positive way to both current employees and new hires.

3. Verify Credentials and Work History

Just because it’s listed on a resume doesn’t make it automatically true. If an employer doesn’t verify an applicant’s work history, schooling and accomplishments, this could play into a negligent hiring lawsuit later.

4. Following Up with References

It’s one thing to ask for references or see them on a resume; it’s another to actually follow up and contact them. It’s the responsibility of employers to check past employment history and character references to verify that the potential new hire doesn’t have a history of questionable behavior.

5. Thorough Background Checks

A background check is one of the most effective ways to avoid a negligent hiring lawsuit. Most negligent hiring claims are based upon the filer believing the employer should have been abreast of an individual’s history. If there is criminal activity, violence, sex offenses or other unsavory activity in an applicant’s past, employers should become aware of this. If they haven’t screened for this and hire the person, they could be sued for negligent hiring. For some jobs, drug screening, a physical, a credit check and/or a driving record search may also be required to avoid negligent hiring claims.

Negligent hiring is a risk and concern for a range of industries. While specific requirements can vary from state to state, any business can benefit from following these five tips for safe, responsible hiring.

Disclaimer: The information on InstantCriminalChecks.com is governed by our Terms of Use and is never intended as legal advice.

Source: http://www.hg.org/article.asp?id=31800