Pre-Employ Blog

Employer Beware!... 3 Reasons Not To Conduct Pre-offer Background Checks

Posted by Stacy Prewitt on August 23, 2016

Conducting background checks can reveal key information about employees that strongly indicates how they may perform on the job. However, the timing of when to take this step isn't always clear. While some employers might think that it’s a good idea to request a background check for every candidate that submits a job application, it’s really not to the employer’s advantage.

Consider these 3 factors when conducting background checks on your potential candidates. 

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Topics: Background Checks, EEOC, Hiring Compliance, Interview Process, Criminal Record, Lawsuit, Disclosure & Authorization Form, Adverse Action

How to Comply With FCRA and EEOC When Hiring

Posted by Bob Mather on February 10, 2016

The hiring process has become a compliance minefield. Not long ago, it was commonplace to ask upfront whether the applicant had a criminal record. Doing so today could result in a discrimination lawsuit

Whether hiring or promoting an existing employee, companies are stuck between two opposing legal risks. On one hand, they must avoid discriminating against those with criminal backgrounds (to comply with FCRA and EEOC). On the other hand, they’re nervous about potential claims of negligent-hiring. 

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Topics: EEOC, Hiring Compliance, Hiring Process, FCRA

Background Checks: What Employers Need to Know  Free EEOC Report:

Posted by Bob Mather on September 22, 2015

I was talking to a few executives about the recent BMW EEOC settlement.

In the discussion with a small business employer last week about compliance issues. , I encouraged them to go to the EEOC website to ensure compliance with the federal laws.

I may as well have asked them to contact the IRS and ask for a free audit of the last 5 years of taxes.

" I don't trust them" She said to me very seriously. " I bet that they track your IP addresses and then schedule you for audit or investigation".

I looked at her, sighed and realized in today's world of NSA whistle blowers , what the heck did I know.

I promised her I would post the information in our company blog so she could "secretly" follow the latest guideline from the EEOC and FTC.  You can download the below HERE in PDF format or read below:

Below is pasted from the joint publication of the Equal Employment Opportunity Commission and the Federal Trade Commission

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Topics: EEOC

BMW to Pay $1.6 million, Rehire Black Workers : EEOC Background Check

Posted by Bob Mather on September 09, 2015

According to a press release From The EEOC, The U.S. District Court for the District of South Carolina entered a consent decree ordering BMW Manufacturing Co., LLC (BMW) to pay $1.6 million and provide job opportunities to alleged victims of race discrimination as part of the resolution of a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). 

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Topics: HR Compliance, Background Checks, EEOC

Employers Take Note: Obama Calls for Enfranchising Felons

Posted by admin on July 16, 2015

As part of President Obama’s recent speech calling justice reform, the federal government pushes to reduce the effects of criminal records on convicts in society, including the use of criminal records in the hiring process ( see our blog on EEOC Criminal Record initiatives here:Questions and Answers About the EEOC Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII.)  The speech presented an expansive yet detailed argument not only for reducing the number of people serving time in prison, but for changing the way prison time is spent so that individuals return to society better-equipped to succeed.   Criminal-Background-Check

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Topics: EEOC, FCRA