Can you ask a job applicant criminal history? As with so many legal questions, the answer is “it depends” — on where you work, in this case. A recently enacted law will change this answer for Colorado employers beginning as early as September 1, 2019. In just a few months, both public and private employers
Background Check Update: There’s A New FCRA Form in Town
If you conduct pre-hire background checks, you know you have to comply with the Fair Credit Reporting Act (FCRA) or risk trouble (called lawsuits). Part of that compliance is providing notice to the applicant if you are going to take an adverse action based on the background check, along with a Summary of Your
Background Checks are Still Big Litigation Business—Just Ask BMW
Yet another reminder that everyone using criminal background checks in the hiring process needs to review their standards—BMW just entered a consent decree with the EEOC under which it will pay $1.6 million and offer to hire dozens of people previously rejected as having unacceptable criminal histories. BMW had (note the past tense) a
More Focus on Employer Background Checks
The focus on employment background checks is not going away. A few weeks ago I wrote about Dollar General’s $4 million dollar settlement of a class action lawsuit based on alleged violations of the Fair Credit Reporting Act (FCRA). Since that time, Publix Super Markets Inc. settled an alleged FCRA class for roughly $6.8 million
When Did You Last Update Your Background Check Materials? Maybe It’s Time.
Dollar General just agreed to pay $4 million to settle a class action background check case based on its alleged violations of the Fair Credit Reporting Act (FCRA). Marcum v. Dolgencorp, Inc., Civil Action No. 3:12cv108 (E.D.Va.). That’s right—$4 million for a FCRA case.
As you know, FCRA requires employers in the United States