Showing Posts In "Legal Issues" Category

2023 Brings New Challenges to Employment Screening Compliance

New laws restricting access to an applicant’s information are making it more difficult for employers to complete the background screening process. Agencies like the Equal Employment Opportunity Commission (EEOC), the Federal Trade Commission (FTC), and the Consumer Financial Protection Bureau (CFPB) are all exploring automated systems for the hiring process, but new technologies aren’t always […]

When is Consent not Given Freely?

Consent is necessary for an employer to access and use an individual’s personal information, so it is important for employers to be transparent about their background check process and their intent to collect, use and process personal data. Consent is not considered to be freely given when an individual feels pressured or coerced into agreeing […]

Background Checks with Name-Only Matching Spell Trouble for Employers

The Consumer Financial Protection Bureau (CFPB) plays an in important role in background checks since background screeners are considered to be consumer reporting agencies (CRAs). Ignoring CFPB guidance could lead to trouble under the Fair Credit Reporting Act (FCRA). Every job applicant deserves protection from background screeners who use name-matching only. This type of screening […]

Online Public Records Aggregators Not Protected from FCRA Suit by Section 230

The U.S. Court of Appeals for the 4th Circuit has determined that Section 230 of the Communications Decency Act (CDA) did not apply in the case of Henderson v. The Course for Public Data, L.P., et al, because the online aggregator was an “information content provider that provided the improper information” and not merely providing […]

Coinbase Reaches $100M Settlement Over Background Check Failures

Coinbase has been found to have violated anti-money laundering laws by failing to conduct adequate background checks. The company will pay a $50 million fine to the New York State Department of Financial Services and is required to spend $50 million on improving its compliance program. Problems were first recognized in May 2020 during routine […]

Upcoming Changes in California’s Law Regarding Criminal Background Checks

In December, the Civil Rights Council of the California Civil Rights Department released draft revisions to the Fair Employment and Housing Act (FEHA) regulations that govern employers’ use and consideration of criminal history in employment decisions. The changes involve the prohibition of consideration of criminal history prior to a conditional offer of employment, denying an […]

Background Check FCRA Compliance for Employers

The Fair Credit Reporting Act (FCRA) legislation, designed to protect consumer information, is important for all employers conducting background checks. Compliance with the FCRA includes attention to permissible purpose, disclosure and consent, results (and sharing those results before making an adverse hiring decision), and Equal Employment Opportunity Commission (EEOC) guidelines.

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Back to Basics: Are Your Background Check’s Consumer Report Disclosures FCRA Compliant?

Background checks must comply with the Fair Credit Reporting Act (FCRA), so it is important employers ensure their process follows all guidelines. One that is often overlooked is the requirement to provide the employee or applicant with a written consumer report disclosure. When a company fails to do this, the FCRA’s favorable penalty provision states […]

Criminal History and Discrimination: Assessing Applicants Properly

More and more businesses are changing their hiring practices by using employment background screenings to protect their organizations from potential risk and making efforts to address inequities in their workplaces by purposefully building diverse, equitable workforces. A few things to consider when developing an effective and ethical background screening policy include a proper timeline, Ban-the-Box, […]

Complying with Background Check Laws While Screening Candidates

Businesses have a responsibility to minimize legal risk when hiring new employees. This can be accomplished by validating every applicant’s information through background checks, drug tests, and medical screening services. Screenings should include employment history and educational achievements, criminal history, credit history, and driving records. It is important to remain compliant with laws that protect […]