Category: Background Checks

When a Disclosure Form Must “Stand Alone”: Recent Cases Hold Companies Liable for Including Too Much on FCRA Disclosures

When a Disclosure Form Must “Stand Alone”: Recent Cases Hold Companies Liable for Including Too Much on FCRA Disclosures

Let’s face it. The hiring process involves mounds of regulations, disclosures, authorizations, and then more disclosures. The last thing an employer – or applicant – wants to see is a higher stack of documents filled with legal jargon. Should employers then consolidate disclosures and authorizations to simplify the hiring process? Not when doing a credit check pursuant to the Fair...

Quirky Question #264, Oregon Employers: Beware!

Question: I am an employer in Oregon, and I understand Oregon Governor Kate Brown signed a whole slew of bills into law on Monday which will directly impact Oregon employers. What do I need to know?

Quirky Question #219, Is Unemployment Status a Protected Category?

Quirky Question #219, Is Unemployment Status a Protected Category?

Question: We recently interviewed an applicant with a very spotty resume; there were repeated gaps in his employment history which were apparent from his resume. He was not hired and called HR to complain that it is illegal for us to consider his unemployment status. Is there a new law on this subject?

Quirky Question #218, Minnesota Ban-The-Box

Quirky Question #218, Minnesota Ban-The-Box

Question: We are a private employer in the State of Minnesota and are expanding rapidly.  In years past, we have received hundreds, sometimes thousands, of applications for each position advertised.  In an effort to increase efficiency in the identification of qualified candidates, as well as in preparation for an anticipated round of hiring in the New Year, we plan to...

Quirky Question #203, Colorado Applicant Credit Checks

Quirky Question #203, Colorado Applicant Credit Checks

Question: We are a Colorado company which manages apartment complexes and use background checks including credit checks as part of our applicant screening.  Yesterday, an applicant objected, writing on the application “I do not consent – this is illegal under Colorado law.”   Is this a change in the law?

Quirky Question # 191: Pre-Employment Background Checks for Temporary Employees

Quirky Question # 191: Pre-Employment Background Checks for Temporary Employees

Question: I read with interest your analysis of pre-employment background checks in Quirky Question # 189. I’ve got a slightly different inquiry touching on the same issue. I’m a Human Resources Executive at a national retail company. During several parts of the year, we need to hire additional cashiers. For many years, we have successfully used a temporary staffing agency...

Dorsey’s Analysis of Quirky Question  #189, Are Pre-Employment Background Checks Discriminatory?

Dorsey’s Analysis of Quirky Question #189, Are Pre-Employment Background Checks Discriminatory?

Question: I am the Human Resources Director at a mid-size company, with employees in eight states.  We’ve recently read about the U.S. Equal Employment Opportunity Commission (“EEOC”) bringing suit against employers based on pre-employment background checks, as well as some states prohibiting pre-employment credit checks.  We certainly don’t want to create potential liability for ourselves based on our pre-employment screening,...

Background Checks for Contract Employees, Quirky Question # 98

Background Checks for Contract Employees, Quirky Question # 98

Quirky Question # 98: We hired another company (we’ll call it Company ABC) to provide our firm with contract employees.  Company ABC performs background checks on its employee pool, utilizing publicly available sources of information. We typically use a third-party vendor to perform background checks on the employees we hire, but we do not do so for the contract employees...

Using Internet for Background Check, Quirky Question # 72

Using Internet for Background Check, Quirky Question # 72

Quirky Question # 72: I am the HR Manager for a Minnesota-based defense contractor.  A few weeks ago, I received a general e-mail inquiry regarding employment opportunities with our company, along with an attached resume, from a person I will call Joe Hunter.  Normally, I would simply delete such an e-mail, as my company does not accept or respond to...