Posts Tagged ‘criminal background checks’

Best practices for Oklahoma employers when inquiring about criminal histories

You’ve probably at least heard of the so-called “Ban the Box” movement, a campaign aimed at convincing employers to remove any checkbox on applications designed to elicit information regarding an applicant’s criminal record. Many states, counties and cities have enacted “Ban the Box” legislation, but it’s certainly not the law in all jurisdictions. And the…

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The Fair Credit Reporting Act: Why background checks are fueling the latest wave of class actions

Many employers have third-party services run background checks on applicants, new hires, or existing employees. Many of these employers utilize these services to minimize the risk of claims of negligent hiring or discrimination. Even if a reputable service is used, there are challenges and significant legal risks involving the failure to comply with the federal…

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A tiger by the tail

Back in school, I recall reading the short story The Lady or the Tiger? It’s about a woman made to choose between two fates for her would-be husband, neither of which was particularly pleasant. What she would choose is left for the reader to decide. Employers face a similar decision when considering criminal background checks.

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EEOC amps up attack on background checks

On April 25, 2012, the Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. Although disclaiming any authority to prohibit employers from obtaining or using criminal history information concerning applicants or employees, the EEOC…

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HIRING PRACTICES » Employers’ evolving use of background and credit checks

Many employers run some sort of background or credit check on potential employees. Because Oklahoma law is not very restrictive in this area, some employers have been asking potentially problematic questions and running these checks without spending a lot of time developing a system for use of the information. However, statistics show that without proper…

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Who’s watching who? Running the checks on criminal background checking companies

A report released today by the National Consumer Law Center (NCLC) provides startling news for employers who rely on criminal background checks to assist them in screening job applicants. According to the authors of “Broken Records,” thousands of U.S. job seekers may be denied employment due to inaccurate or misleading information contained in such background checks.

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