Archive

You Gotta Keep’em Separated… We are hearing loudly and clearly from several of the leading FCRA attorneys that the time has come for employers to replace the combined disclosure and authorization form with TWO separate forms. Yes, the latest guidance is to keep them separated! The emerging best practice is to adopt a “packet” concept […]

Has it been two, three, four years or more since you revisited your Adverse Action Notification processes? There have been many significant changes in the correct administration of the Adverse Action process in recent history. Reach out and we can make them available to you and help you manage these processes through our background screening […]

It happens to us all eventually. You hire the next potential all-star team member. You complete the interviews, extend the offer, and receive the background check. Everything is looking good, and you are both anxious to start working together. You gather the on-boarding documents, and within three business days of the hire date you and […]

Consideration of Arrests Versus Convictions on Background Checks : In 2012, the Equal Employment Opportunity Commission (the “EEOC” or “Commission”) drafted its’ Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (the “Guidance”), consolidating […]

Criminals Aren’t a Protected Class So Why Does the EEOC Have a Policy on the Consideration of Arrest and Conviction Records in Employment Decisions? Over the past several decades, federal laws have been created to protect certain classes of individuals from discrimination. These protections are codified in laws such as the Equal Pay Act, the […]

Understanding Disparate Treatment Under Title VII In the Consideration of Criminal Records : Fair Chance Act – Part 5 In 2012, the Equal Employment Opportunity Commission (EEOC) issued enforcement guidance related to the use by employers of information about an applicant’s criminal record when making hiring decisions (the “Guidance”). This Guidance consolidated and updated the […]

A Status Update on The EEOC’s 2012 Guidance In 2012, the EEOC issued a document titled Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (We’ll call it the “Guidance” from here on […]

A Look Inside California’s New Criminal Background Anti-Discrimination Measure: The Fair Chance Act – Part 3 In a previous article, we promised to provide a detailed look into the meaning and provisions of California’s Fair Chance Act. In this article about California’s New Criminal Background Anti-Discrimination Measure, we’re following through on some of those promises. […]

California’s Fair Chance Act – Part 2:  Restrictions and Obligations With the passage of the Fair Chance Act (formerly known as Assembly Bill 1008), California added a new paragraph to an already growing book of laws governing employment practices in the state. While previous California laws, regulations, and local ordinances have addressed some or all […]

California’s Fair Chance Act – Part 1:  Ban the Box Section 12952(a)(1) of the California Government Code’s chapter prohibiting discrimination contains what is known as the Ban the Box law. Named after the familiar yes/no style box found on many job application forms, this provision is perhaps one of the simplest of the multi-faceted Fair […]

How California’s Fair Chance Act Affects Your Hiring Practices California employers, does your job application form ask prospects if they have been arrested or convicted of a crime? If so, it may be you who is breaking the law. A new law took effect on January 1, 2018, that prohibits employers from asking about or […]