How reliable is your background screening company? Care.com, a company that prides itself on connecting families with caregivers, recently settled a lawsuit in which they agreed to pay $480,000 to consumers and the state of Massachusetts. The reason? Background checks. The company offered two different types of background screenings for their caregivers. The screenings were provided by a third-party vendor; and, families had the option between a “Preferred” or “Preferred+”.
Ban-The-Box is not a new topic in the world of employment laws. Over 20 percent of the United States population now lives in a state or locality that prohibits private employers from inquiring into an applicant’s record at the start of the hiring process. Nationwide, 29 states and over 150 cities and counties have adopted a Ban-the-Box law. A portion of those states have mandated the removal of conviction history questions
The Fair Credit Reporting Act (FCRA) requires that the employer give the applicant a reasonable opportunity to ensure that the information reported in a Consumer Report or Investigative Consumer Report is correct before adverse action is taken. The FCRA requires that you utilize a two step process when adverse action is taken against an applicant or employee. ** The term Adverse Action is defined as declining or withdrawing an offer
The State of California has been busy setting limitations on the use of employment-related credit reports. AB 22 will become effective on January 1, 2012 and significantly prohibits the use of credit reports in employment related decisions. Employers in the private sector may only request a credit report for the positions noted below, and only when the candidate has been informed that a report will be requested and that candidate
Application Researchers® remains dedicated to being your trusted source for information related to the background screening industry. We have created a Fair Credit Reporting Act toolkit to assist you in understanding and complying with this ever-complicated law. The toolkit will provide you with invaluable resources and templates to ensure your compliance and educate you on your requirements. Please contact us for your complimentary toolkit today!
The BasicsEffective January 1, 2012, Tennessee employers with five (5) or more employees will be required to verify the employment eligibility of their employees and other “non-employees”. “Non-employees” are defined as “any individual, other than an employee, paid directly by the employer in exchange for the individual’s services.” It’s important to note that, although the Act does not require the use of the federal E-Verify program, it is strongly encouraged.