Retailer Agrees to Consent Decree with EEOC for Alleged Background Screening Discrimination

AccuSource

Bright-line rules may seem convenient but beware if you use any type of bright-line rules in your criminal background screening programs. News Compliance Employment Background Checks Criminal Background Checks hiring background screening EEOCDollar General learned this lesson after it faced a lawsuit from the Equal Employment Opportunity Commission (EEOC).

Retailer Settles EEOC Background Screening Case

Cisive

On August 9 th , the Equal Employment Opportunity Commission (EEOC) announced that it reached an agreement with retailer Pier One Imports to resolve a race-discrimination charge in connection with its conduct of a background check. According to the EEOC, the Pier One also “reaffirmed its commitment to Title VII by revising its policies and procedures, eliminating its background screening process, and removing the conviction question from its employment application.”.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Background Check FCRA Compliance for Employers

Accurate Background

Professional background screening companies are an invaluable partner in this process. One important thing to look for when using a professional background screening company is expertise with compliance. What are Employer Compliance Responsibilities? Compliance

State-Based Approaches to Marijuana Laws Impact Employment Screening

Sterling Check

With no uniform standard, this can create a compliance and policy challenge for employers. A Complex Tapestry: Pre-Employment Marijuana Screening in Selected States. Check with your counsel to ensure compliance. Check with your counsel to ensure compliance.

Top 5 Background Screening Trends in 2016

Get Hppy

However, in the recent past, the background screening process has been made easier, thanks to the public records and databases being made available online, as well as the many avenues that individuals fills in their details online. This piece of writing will look into the background screening trends for 2016. More Emphasis On Compliance. Re-screening Of Individual Already Screened. Re-screening can also expose gaps in the previous screening process as well.

5 Reasons Why HR Compliance is More Complicated Than Ever

Cisive

Because compliance is changing so quickly on the state and federal level, HR departments are finding it more and more challenging to keep up with current regulations and changes to employment law. A vendor partner can be the HR practitioner’s best support to help navigate the fast-moving legal compliance landscape that includes background screening, reference checks, and employment verification. Non-Compliance in HR is Complicated and Expensive.

The Seven Biggest HCM Compliance Issues of 2017

Ceridian

As we wrap up 2017, it is time to reflect on the year’s major compliance issues in the human capital management world. Below is a summary of the important compliance issues along with highlights of where changes took place over the course of the year. California expanded its Fair Pay Act in 2016 to prohibit pay discrimination based on race or ethnicity for substantially similar work. Background Screening Restrictions: Ban the Box Trend Continues.

Marijuana Laws & Disability Discrimination: What Employers Need to Know

Cisive

We want to emphasize an aspect of these cases that we believe indicate where medical marijuana (and the prescription drug abuse crisis) are driving this corner of employment law – state disability discrimination laws. Now that same Court had ruled that the employer violated the anti-discrimination provisions of PUMA when it withdrew its offer of employment due to the applicant’s status as a medical marijuana patient. [3].

EEOC issues new discrimination guidance: 11 things you must know

HR Morning

The EEOC is supplanting a 14-year-old section in its compliance manual with a brand new set of enforcement guidance. . The new guidance covers national origin discrimination, and it has replaced the EEOC’s 2002 compliance manual section on that topic. Of course, employers already know they can’t discriminate against individuals on the basis of their national origin. Discrimination based on “perceived” national origin is illegal.

4 HR and Compliance Changes for 2020

Cisive

A comprehensive legal and HR compliance update is essential for keeping up with ever-changing laws and regulations. Your designated HR compliance specialist or team members should stay up to date on these changes, but if your company is small or has a complicated business structure, you may need additional support to remain compliant. New HR Compliance Changes for 2020. Cisive Is Your Partner in HR Processes for Reference Checks, Background Screening, and Drug Testing.

Independence Day Commemorates Freedom … from Discrimination

Accurate Background

This act was a landmark civil rights and labor law prohibiting discrimination in public places, providing for the integration of schools and other public facilities, and made employment discrimination illegal. With the aim to eliminate bias and inequality in America’s workplaces, the EEOC enforces federal anti-discrimination statutes, and provides oversight of all federal equal opportunity regulations, policies, and practices.

Background Check Compliance: 2020’s Year In Review

Sterling Check

Compliance is always a top consideration for an effective background check program. That’s not to say, however, that there haven’t been some important developments in compliance for 2020. FCRA Compliance.

Dos & Don’ts of Screening Your Candidates Online

TalentCulture

Should employers use social media to screen candidates? A significant portion of employers do use social media but not for screening job candidates. Far fewer employers — just 20 percent — use social sites or online search engines to screen job candidates. A simple Facebook search could turn up information that, if used against a candidate, could result ina Title VII discrimination claim.

Five Millennial Background Screening Challenges

TalentCulture

They’re hot commodities, but hiring them creates background screening challenges. In particular, when screening Millennials, employers need to take into account not only what’s effective, but also what’s legal. Using social media to screen candidates can be risky, however. Information about religious affiliation, national origin, sexual orientation, marital status or health condition may all be prohibited under anti-discrimination laws.

Marijuana, Opioids and Disability Discrimination: What Employers Should Know

Cisive

In an era where employers are having to plan for changes in workplace drug testing compliance, primarily due to evolving marijuana laws and our nations opioid crisis, another compliance beast continues to rear confuse employers: Disability Discrimination. Employers are prohibited from discriminating against employees with disabilities. will pay $80,000 and provide other relief to settle a disability discrimination lawsuit [4] brought by the U.S.

How You Can Add “Likes” to Your Social Media Screening Program

Sterling Check

Social media screening is the process of capturing samples of your candidates’ online social media activity to provide a view of their background. The importance of social media screening is directly proportional to the ever-growing number of new-hire candidates and employees sharing personal and professional details across multiple social media channels. Hiring a background screening provider that is accredited by the PBSA is a good place to start.

[VIDEO] New Employee Protections May Impact Your Marijuana Screening Policies

Goodhire

Marijuana legalization, both for medical and recreational purposes, has been getting a lot of attention recently in the employment screening space. In this video, find out which states are including employee protections, and how it may impact your drug screening policies. GoodHire offers 4-panel and 8-panel drug screens that do not test for marijuana. In May, the city passed a new law that explicitly bans pre-employment screening for marijuana and THC.

Trending Discussions in Employment Screening Webinar

Peopletrail

Employers conducting employment background screening will need to keep compliance top of mind in 2017. Regulatory oversight, the growing number of class-action lawsuits, and the threat of data breaches all make it a good time to touch base on the trending topics impacting screening programs and practices. With this in mind, Peopletrail released a webinar entitled, Trending Discussions in Employment Screening. The Rise of Post-Hire Screening.

Fingerprint vs. Name-Based: Which Background Screening Solution Is Best for Employers?

TLNT: The Business of HR

Background Checking Ban-the-box Laws Discrimination Equal Employment Opportunity Commission (EEOC) HR Insights Legal - Compliance & PoliciesIf you’ve been following the news lately, you’ve probably heard about states and municipalities passing bills requiring FBI or state fingerprint background checks for certain industries.

11 reasons to pay attention to EEOC’s new discrimination guidance

HR Morning

The EEOC’s latest proposed guidance covers a topic a lot of employers probably think they already know well: national origin discrimination. But the new guidance throws in a few wrinkles about what’s considered discriminatory — and how to stay in compliance — that employers need to know. . ” Translation, the feds are going to be vigilantly looking for employers who discriminate against people in those classes. Segregation is discrimination.

Improve your labor law compliance for 2020

BerniePortal

Use these resources to help make sure you're up-to-date on posters and record-keeping compliance! The law defines various aspects of protection against discrimination in both hiring and employment practices. It prohibits most private employees from using lie detector tests, either for pre-employment screenings or during the course of employment. Don't fall victim to non-compliance!

Should You Regularly Screen Employees?

Goodhire

A pre-employment background check provides important details to make informed decisions about your new hire, but is a one-time screening enough? For extra reassurance, GoodHire offers regular post-employment screening services so you can be alerted to relevant changes in your employees’ records and stay informed. A fair policy does not discriminate between employees. Businesses are held accountable to the same employment screening laws post-hire as they are pre-hire.

Return to Work Screening: How to Safeguard Your Customers, Employees & Business

Goodhire

Due to the amount of time and the severity of the health crisis, it is a best practice to screen new and returning employees through background checks, drug screens, and COVID-19 screens. Of course, when and how screening is conducted will depend on many factors. In a recent webinar , experts Elizabeth McLean, General Counsel, and Max Wesman, Chief Operating Officer, discuss what “return to work” screening looks like. Administer consistent screening processes.

[eBook] The Comprehensive HR Compliance Guide

Synergy

If you’re serious about protecting your company from violations and negligence, then staying on top of these compliance issues is vital. That’s why we’ve published the Comprehensive HR Compliance Guide to deliver deeper insight into the multitude of acts and amendments in employment legislation. We examine the following areas of compliance: Benefits. Hiring & Screening. Discrimination & Harassment.

eBook 58

Marijuana Laws & Disability Discrimination: What Employers Need to Know

Precheck

Marijuana Laws & Disability Discrimination: What Employers Need to Know Apr. We want to emphasize an aspect of these cases that we believe indicate where medical marijuana (and the prescription drug abuse crisis) are driving this corner of employment law – state disability discrimination laws. She was offeredand accepted that position, contingent upon the completion of pre-employment screening, including a drug test.

What is GINA? The federal discrimination law you need to know.

Business Management Daily

GINA, or the Genetic Information Nondiscrimination Act, outlaws genetic discrimination. GINA bars employers from discriminating against or harassing employees based on their genetic information. GINA also prohibits health insurers – including employers who self-insure coverage – from using genetic information to screen out employees for coverage or benefits. It prohibits genetic information employment discrimination. Genetic discrimination examples.

3 compliance trends affecting employers today

Ceridian

As the Equal Employment Opportunity Commission continues to crack down on businesses to protect the rights of LGBT workers, an increasing number of employers (74 percent, compared to 31 percent in 2015) anticipate that it will lead to more discrimination claims over the next 12 months. And 1 percent listed fear of discrimination claims as being the reason they have not addressed violence in the workplace. .

4 Takeaways from the HCCA 2019 Compliance Institute

Precheck

4 Takeaways from the HCCA 2019 Compliance Institute Apr. The 23rd Health Care Compliance Association (HCCA) Compliance Institute gathered more than 3,000 healthcare compliance professionals in Boston, Massachusetts last week. The Compliance Institute offers the opportunity to learn about the latest developments and priorities from regulators, and this year’s event was no exception. The following represent my top takeaways from HCCA’s 2019 Compliance Institute.

Ensuring Fair Hiring Practices

HRO Today

Unemployment is at one of the lowest levels in recent history and the war for talent is on,” says Greg Dubecky, president of Corporate Screening. Employers that pre-screen candidates based on race and criminal history without considering competencies, potential, and a holistic view of the candidate will ultimately lose the war on talent—potentially causing long-term damage to their organization.”. There are key regulations already in place to reduce this type of discrimination.

Tips for Re-screening Employees After a Merger or Acquisition

Sterling Check

Reasons for Re-Screening Employees After a Merger. Organizations need to make sure that a background screening program is included in the procurement process and added to the total cost of ownership to mitigate the risks and protect the brand after the merger. Background screening policies will depend on industries. Some industries such as financial, transportation and medical require screening, while others do not. What is Re-Screening?

Return-to-Workplace Compliance: 4 Key Legal and Regulatory Considerations to Reopen & Stay Open

Sterling Check

For the latest information on compliance-related matters, visit Sterling’s Compliance Updates page. Below are four key compliance considerations that employers need to consider overall as they reopen their businesses. OSHA Compliance. EEOC Compliance. Therefore, the EEOC maintains that screening for symptoms and testing for the active virus are appropriate measures to take in determining the ability of people to safely enter the workplace.

Starting 2018 With FCRA Compliance

Sterling Check

Background screening is a highly regulated industry. Sterling Talent Solutions conducts a quarterly FCRA Compliance webinar series to keep attendees current on the latest FCRA guidelines and legislation impacting the hiring process. CRA’s are required to obtain a certification of compliance by the user (client) that the user will abide by the FCRA and other applicable laws. The post Starting 2018 With FCRA Compliance appeared first on Sterling Talent Solutions.

Disability Discrimination: I Can See Clearly Now, My Job Is Gone

HR Daily Advisor

In 2010, because he was having difficulty using his 22-inch computer monitor, he sent a message to an employee in the property department requesting a larger screen. All of his claims involved common allegations that MITRE discriminated against him because of his keratoconus, which he argued is a protected disability. He asserted discrimination and failure-to-accommodate claims under the New Jersey Law Against Discrimination (NJLAD) and the FMLA, among other things.

Post-Hire Screening: Background Checks Should Not Be a ‘One & Done’ Process

Goodhire

In fact, 96 percent of employers conduct at least one type of background screening before making a hiring decision. Here we’ll cover why post-hire background checks should be conducted regularly to help you stay informed of any relevant changes impacting your workforce, and how to get started with implementing post-hire screening, also referred to as post-employment screening, at your organization. Continuous Screening Benefits the Company, Employees & Customers.

The Rise of Background Screening in the Aftermath of 9/11 What has changed in background screening since that historic day?

OmegaHR Solutions

Greater use of background screening. In 2000 thru there was no national trade association, industry standards, or definitive publications on background screening. Legal changes impacting background screening. In the EEOC documents they said: There are two ways in which an employer’s use of criminal history information may violate Title VII (“disparate treatment discrimination”). Background screening trends.

Enterprise Rent-A-Car Ordered to Pay $6.6M in OFCCP Race Discrimination in Hiring Case

DCI Consulting

in back pay and to extend job offers to 182 class members after being found in violation of Executive Order 11246 for discriminating against African Americans. Enterprise , 2019 ) stemmed from a 2008 Office of Federal Contract Compliance Programs (OFCCP) review of Enterprise’s hiring process for management trainees at its Linthicum, Maryland facility. On July 19, 2019, federal contractor Enterprise Rent-A-Car Company, was ordered by an administrative law judge to remunerate $6.6M

Employers Paid Out $174M to Resolve Background Check Lawsuits

Cisive

At a time when employers increasingly use background-check reports to screen job candidates, class action lawsuits have become an important tool to ensure that the rights of applicants are protected,” said Good Jobs First Research Director Philip Mattera, who leads the work on Violation Tracker (available to the public at violationtracker.org ). Related : Key Employer Takeaways to Ensure FCRA Compliance in Background Screening Disclosure and Authorization.

EEOC: Workplace Compliance Measures in Fighting COVID-19

Zenefits

As stay-at-home orders are lifted and employees return to the workplace , employers are scrambling to find — not just personal protection equipment — but information on what other measures they can take to prevent transmission of the coronavirus without running afoul of compliance laws. As for job applicants, employers can: Screen applicants for symptoms of COVID-19 after making a conditional job offer. Compliance Coronavirus Hiring & Retention

Five Critical Steps of Criminal Record Check Compliance

Sterling Check

There are many types of background screening checks from criminal record checks to education and employment verifications to social media screening. Each type of check has specific practical considerations and compliance matters that must be followed. While criminal record searches are the most utilized background screening checks, there are concerns that companies need to take into consideration when making hiring decisions based on the results of these checks.

Pre-employment screening: tips to navigate awkward conversations

Workable

When it’s handled clumsily, pre-employment screening has the potential to drive a wedge between employers and employees. So, communicating the purpose and process of pre-employment screening is a way for employers to defuse any concerns on the part of the candidate. US law obliges employers to ask for the candidate’s permission before they run a background screening. The candidate will inevitably have their own concerns and questions on the pre-employment screening.