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Showing Posts In "Legal Issues" Category

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 […]

Background Checks: Tips for Employers and Applicants

Traditional background checks include things that are public records, like county criminal records, federal records, credit reports, and credentials, but there is a limit on what can be included in a background report, as regulated by fair chance laws. Background screening companies must comply with state and county laws, as well as the Fair Credit […]

5 Important Laws that Govern Employee Background Checks

Navigating the laws that govern employee background checks can be tricky but understanding the top few regulations can go a long way. For instance, the Fair Credit Reporting Act (FCRA) is a key regulatory obligation for employee background checks, not necessarily impacting whether an employee background check can be conducted, but rather the manner in […]

CCPA/CPRA Will Apply to Employee and B2B Data – Five Steps to Prepare for the January 1, 2023, Effective Date

Employee and Business-to-Business (B2B) personal information exemptions under the California Consumer Privacy Act (CCPA) will expire on January 1, 2023. Under the current exemptions, covered businesses do not have to comply with certain requirements when processing personal information collected in the employment or B2B context. Businesses can take five key steps to extend their CCPA […]

FTC Pushing Ahead Toward Major Privacy Regulation

The Federal Trade Commission (FTC) issued an Advanced Notice of Proposed Rulemaking (ANPR), titled “Trade Regulation Rule on Commercial Surveillance and Data Security.” The ANPR seeks feedback on almost 100 questions regarding consumer privacy, data security, and biometric and algorithmic issues. It goes on to discuss a number of potential regulatory approaches to what the […]

CFPB and FTC File Joint Amicus Brief in 3rd Circuit FCRA Case

The CFPB and FTC filed an amicus brief in a Third Circuit FCRA case asserting the furnishers are required to investigate any dispute forwarded to them by a credit reporting company and cannot avoid that obligation by asserting the dispute is frivolous. The agencies argued that the text of the FCRA is unambiguous and that […]

Restrictions on Hiring Personnel with Criminal Histories in the Insurance Industry

To comply with Section 1033, passed as part of the Violent Crime Control and Law Enforcement Act of 1994, insurers must determine whether the role of a prospective employee or agent will involve the “business of insurance” and, if so, whether that individual has been convicted of a crime involving dishonesty, breach of trust or […]

The Latest in Multi-Jurisdictional Compliance with Employment Application Laws

Colorado, Maine, and Des Moines, Iowa, are the latest jurisdictions to pass Ban the Box laws prohibiting employers from asking about an applicant’s criminal history at the application stage of the hiring process. A growing number of jurisdictions also are passing laws prohibiting employers from inquiring about applicants’ prior wages or salaries and there is […]


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