When it comes to background checks, regulations are an undeniable and unavoidable reality. In order to steer clear of costly and unwanted complications, employers need to be properly educated on the ever-changing employment laws. In 2015, new regulations from the Equal Employment Opportunity Commission pertaining to background screening made national headlines on an almost-daily basis. So, what can we expect in 2016? We’ll see a continuation of the hiring regulations that changed the face of employee screening last year.
Recently, the Equal Employment Opportunity Commission entered into its first consent decree with an employer since the EEOC Guidance was initially published in 2012. It alleged that the employer's hiring policies surrounding criminal records disproportionately disqualified minority employees and violated Title VII of the Civil Rights Act. By entering into the consent decree the employer expressly denied liability and wrongdoing, but they are also required to adhere stringent hiring guidelines put forth by the EEOC.
While the decree outlines some increasingly popular ideologies we are already familiar with due to increasing Ban the Box legislation and the EEOC Guidance, it also introduces some new concepts that our industry will likely see more of with the EEOC’s increasingly aggressive intent to eliminate what it deems as discriminatory practices among hiring entities.
Join us for a free webinar with compliance attorney and Accurate Background advisor Pam Devata of Seyfarth Shaw.
HR professionals can take advantage of free E-Verify and I-9 webinars presented by the USCIS (U.S. Citizenship and Immigration Services). The webinars will be running throughout the month of January and will cover important aspects of E-Verify and the I-9 Form as well as best practices.
With 2015 already in full force, there are many new laws related to background screening and hiring that may affect employers moving into the new year. It can be hard to keep up with so many new laws, but don’t worry, Accurate Background has you covered. We take the time to consistently monitor any legislation that may impact our clients and have created a summary of some of the regulatory changes from the past year that may affect your hiring and background screening process. Below is a recap of these regulatory changes:
If you do a quick Google search for DIY background checks, you will find countless websites and articles offering “free” background screening services and how-tos for running background checks on your own. On the surface, it’s easy to see how conducting your own background checks could be enticing. “Instant” and “free” online searches give the perception that performing background checks in house with existing resources will provide you with more control over the process and cost savings. You may be considering in-house screening to get around the FCRA requirements that are mandatory when using a Consumer Reporting Agency to support your background screening. But, just because you could do something in house doesn’t mean you always should. Accurate Background has many conversations with employers who have been using internal screening programs only to realize the risks after something goes wrong.
The debate surrounding credit report use in employment grows louder as more states implement new legislation on the topic. There are now 10 states, including California and Nevada that have put legislation in place to limit the use of credit information for employment. Fines are also being handed down through the FCRA related to the use of credit reports (Up to $2,500 or more in some states). Two recent bills introduced at the federal level are causing employers to evaluate how credit reports are used in their hiring processes. Below is a high level overview of the proposed legislation:
New Jersey is the most recent state to enact legislation commonly known as “Ban the Box” – requiring employers to eliminate asking if an applicant has ever been convicted of a crime on the job application - and this trend is showing no signs of slowing down. Five other states (including Hawaii, Massachusetts, Minnesota, Rhode Island, and Illinois) have passed “Ban the Box” legislation for private sector employers and the number of local jurisdictions applying “Ban the Box” is increasing rapidly. Employers across the country need to understand the true impact of this legislation in order to prepare for the likelihood of similar measures arriving in their locale.