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Image Place Holder Government says Background Screening Firms Have a Middle Name Obligation
Diligent companies like MeSH have implemented middle name process since 2006. The Consumer Financial Protection Bureau just took action against two of the largest background screeners for their lack of diligence.
Image Place Holder New Adverse Action Case Law
Case law is establishing how to reduce your liability when denying an applicant a job.
Image Place Holder Fourth Circuit Court EEOC Decision on Freeman (2015)
"the U.S. Court of Appeals for the Fourth Circuit dealt a lethal blow to the EEOC’s hiring check enforcement litigation in EEOC v. Freeman"
Image Place Holder States limit asking about prior criminal offenses on job application (2015)
More states are restricting when and how these inquiries can be made.
Image Place Holder EEOC files suit against two employers (BMW & Dollar General)(2013)
"BMW Fired and Denied Hire to Class of Employees Who Worked Successfully for Years; Dollar General Disproportionately Excluded African Americans From Hire"
Image Place Holder New "Summary of Rights" form has CFPB in top header (2013)
Check the "Summary of Rights" you are distributing. One indicator that you have the updated form is that the "Consumer Financial Protection Bureau" (CFPB) as opposed to the "FTC Consumer Response Center" is in the top two line header.
Image Place Holder MeSH comments on value of background checking in light of EEOC actions (2010)
MeSH helps identify factors that should be considered when evaluating the level of background checking
Image Place Holder EEOC files lawsuit against Freeman for hiring discrimination (2009)
"Company’s Use of Job Applicants’ Credit History and Criminal Charges / Convictions Discriminates Because of Race, National Origin and Sex"
Image Place Holder Negligent hiring lawsuit follows horrific offenses (2004)
The lack of a thorough background check can lead to lawsuits regardless if the offense is far beyond the prior
Image Place Holder Employer loses $26.5mil lawsuit for an incident AFTER employee was terminated (1999)
A wide assortment of negligent hiring lawsuits have expanded the case law which holds employers accountable, including a focus on background checking.
Image Place Holder Drivers Privacy Protection Act (1994)
U.S. Limits the use of driver's license data; Employers should be careful not to go beyond these limits.
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