Pre-Employ Blog

FCRA Lawsuits Skyrocket 47%

Posted by Bob Mather on March 13, 2017

According to the latest Debt Collection Litigation and CFPB Complaint Statistics Report from WebReconConsumer litigation cases under the Fair Debt Collection Practices Act, Fair Credit Reporting Act (FCRA) and Telephone Consumer Protection Act all increased in January.

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Topics: FCRA, Lawsuits, FCRA Compliance, complaints, litigation

Background Checks & Class Action Suits: Who Really Wins?

Posted by Bob Mather on February 08, 2017

Starbucks, Home Depot, Wegmans, Lowes, Avis. What do these companies have in common? Lawsuits brought against them for improper criminal background checks. Class action and individual lawsuits are on the rise: nearly 4,000 last year alone.

While lawsuits are damaging, class action suits could be a death blow to your company. Grabbing the media spotlight, surging in SEO hits, class action suits have the potential not just to cost reparations and damages, they could damage your brand in the marketplace irreparably. As an HR Executive, that much media attention could mean the difference between having an office in the morning or considering a name change.

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Topics: Background Checks, FCRA, class action lawsuit, Lawsuits

Does "Ban the Box" Discriminate against Minorities?

Posted by Bob Mather on January 03, 2017

On the surface, withholding criminal history information from employers until late in the interview stage would seem to help African American and Hispanic men gain employment, but a recent study by The National Center of Economic Research claims just the opposite. 

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Topics: Ban the Box, FCRA, Discrimination

More than 10 employees in California?

Posted by Bob Mather on December 10, 2016

Ban the Box

In what may be a preview of things to come for all California employers, the Los Angeles City Council has voted (13-1) to pass a ‘Fair Chance Initiative’ (effective Jan 1, 2017) that will “Ban the Box” from job applications. The initiative will forbid public and private employers with more than 10 employees from asking applicants about criminal records while also requiring the delay of background checks until conditional job offers are made, according to a blog on the website of Councilman Curren D. Price (District 9).

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Topics: Ban the Box, FCRA

Using a DIY Background Check in the Hiring Process Could Put Your Company at Risk

Posted by Stacy Prewitt on October 10, 2016

Do-it-yourself (DIY) background checks can appear to be faster and less expensive, but the quick and-easy approach may not serve even a small company’s best interests and could actually put your company at significant risk.

According to an article in Business News Daily, “The vast majority of these DIY websites specifically say they are not to be used as part of the employment screening process because the websites are not compliant with the Fair Credit Reporting Act (FCRA).” Non-compliance with FCRA guidelines when doing a background check for employment have resulted in multi-million dollar lawsuits against employers.

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Topics: Human Resources, Background Checks, hiring compliance, criminal record, employees, Applicant, Lawsuit, FTC, FCRA, Disclosure & Authorization Form, Adverse Action

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