The EEOC charge against employers for misusing credit reports and criminal conviction searches in making employment decisions is becoming more and more frequent. I thought these types of EEOC actions against employers in this area would have been the most frequent. Recently I learned that retaliation charges against employers are the most frequent. For the […]

Many firms are concerned about the backgrounds of individuals being considered for employment. And, that is rightly so. But, how many firms are concerned about the background of volunteers? It can be as important to investigate individuals being considered for volunteer activities with your organization. Volunteers typically interact with the more vulnerable members of our […]

LinkedIn Corp. was hit with a class action lawsuit alleging it violates the Fair Credit Reporting Act (FCRA) through its use of its “search for references” feature, which allows prospective employers to obtain information about job applicants. Enacted in 1970, the FCRA regulates the practices of consumer reporting agencies to ensure they protect the accuracy, […]

New Washington D.C. law governs timing of doing a criminal conviction investigation on an applicant. Most jurisdictions with “ban the box” legislation require that employers not ask about criminal convictions on their application. Rather, the criminal conviction can be asked at some point during the interview process. The Council of the District of Columbia, however, […]

Employers have a choice in conducting background investigations on individuals. You can, relatively easily, comply with the Fair Credit Reporting Act (FCRA) by following basic steps and comply with the law. Or you can decide to not to comply with the FCRA and end up owing millions. More often than not employers, even large employers, […]