Background Checks Blog – Compliance Updates, News & Opinions
Stay up to date with changes in the background checks industry. User powered news, viewpoints and most importantly, your opinion about background screening.
What is a background check?
A background check is a process in which an individual’s criminal and personal history is examined in order to verify information and assess their suitability for certain positions or activities. This can include things like checking for criminal records, reviewing educational and employment history, and conducting credit checks. Background checks are commonly used for employment, housing, and certain types of volunteer work. They can also be used for more sensitive positions such as those involving national security or working with children.
Employment screening laws
There are federal and state laws that govern employment screening, including background checks.
At the federal level, the Fair Credit Reporting Act (FCRA) regulates how consumer reporting agencies (CRAs) can provide and use background information for employment purposes. It requires that CRAs provide accurate and complete information and that employers follow certain procedures when using the information, such as obtaining written consent from the candidate and providing them with a copy of their report.
Additionally, the Equal Employment Opportunity Commission (EEOC) enforces laws against discrimination in employment, which includes background checks that have a disparate impact on certain protected groups.
At the state level, some states have laws that regulate background checks and employer access to criminal records. For example, some states have “ban the box” laws, which prohibit employers from asking about criminal history on a job application, and/or have laws that limit the types of criminal convictions that employers are allowed to consider.
It’s important for employers to be aware of the laws that apply in their state and comply with them when conducting background checks.
Fair Chance Act – Criminal Background Check Procedures for California Employers
Summary of the Article The article discusses the updates to the California Fair Chance Act (FCA) that came into effect on October 1, 2023. The FCA, known as the "ban the box" law, governs how employers can inquire about and consider job applicants' criminal history....
California Removes Date of Birth from Court Records
A Step Towards Privacy or an Obstacle to Transparency?In a groundbreaking move, the state of California has decided to remove dates of birth from court records based on the decision of All of Us or None – Riverside Chapter vs. W. Samuel Hamrick, Clerk case. This...
Michigan Clean Slate Law
Michigan Clean Slate LawThe Michigan Clean Slate Law is a piece of legislation signed into law in October 2020. The law provides for the automatic expungement of certain criminal records for individuals who meet certain criteria. Under the law, individuals with...
Medical Collection Data Update on Credit Reports
Image by rawpixel.com on FreepikThe credit bureaus announced changes to the way medical collection data is reported. Here’s what you need to know: Paid medical collection debt will no longer be included on consumer credit reports. Implemented June 24, 2022. The time...
Continuous Background Screening
Continuous Background ChecksContinuous background screening refers to the ongoing monitoring of an individual's criminal record and other relevant information after they have been hired for a job. This type of monitoring is becoming increasingly popular among...
NYC landlords may soon be unable to check tenants’ criminal histories
A new law being considered by lawmakers in New York City would strip landlords of the ability to perform criminal background checks on prospective tenants. Some have criticized the bill for not allowing landlords to conduct criminal background checks on potential...
MSBs: Are you checking your transmittal agents for Food Stamp Fraud?
While a vast majority of the convenience store and corner market owners are hard-working, family-owned businesses, there is always that small percentage that falls to the temptation of easy money through food stamp fraud. Of those that have been caught and denied...
BMW controller embezzled $1.1M – Background check fail? Not.
Dealership controller embezzles $1.1 million Employee at BMW store sentenced to 2 1/2 years In its sentencing memo, the prosecution sought a 33 to a 41-month prison term and said Vence-Small had a "history of financial improprieties with at least two prior employers,"...
Updated resources for compliant background checks
Government and industry know-how publications regarding using background checks for determining employment and rental decisions. Stay up-to-date with changes affecting compliance. Learn from official government and industry resources the do's and don'ts of legally...
Performing Background Checks on a Global Basis
Performing Background Checks on a Global Basis International Background checks have become a critical part of the recruitment process in many countries. Employers with a global presence often seek to harmonize recruitment policies across different...
What does the term “discrimination based on national origin” mean?
New EEOC Discrimination Guidance for Employees National Origin While the current government new immigration policies may have some employers confused, every hiring manager should still take cautious steps not to discriminate against foreign...
New Philadelphia law prohibits employers to ask employee’s past salary
New Philadelphia law prohibits employers to ask employee's past salary In an attempt to address the male versus female salary variation, numerous U.S. counties have created comparable salary statutes which restrict businesses from inquiring past...