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Articles Posted in Background Checks

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Role reversal! EEOC must disclose its own background check policy to the employer it’s suing

Monday kinda sucked for the EEOC. The agency that made scrutiny of employee background checks a top priority under its current Strategic Enforcement Plan has been ordered by a federal court to turn over its own background check policy to an employer whom it is suing for a criminal background…

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Read this before you revoke a job offer in Pennsylvania based on criminal history

Across the country, many states and localities have enacted ban-the-box legislation. In a nutshell, ban the box means that employers cannot inquire about an applicant’s criminal history until after the first job interview. For example, Philadelphia has ban the box. The Commonwealth of Pennsylvania does not. Still, Pennsylvania does have…

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Ban the box is one step closer to becoming law throughout New Jersey

Many cities in the Mid-Atlantic region (Philadelphia, Newark) have passed legislation that makes it illegal for employers to inquire about criminal history early on in the job application / interview process. The State of Delaware too has passed this so-called “ban the box” rule. Last week, a New Jersey Senate…

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This is one badass labor and employment law roundtable

Recently, several local lawyers and I participated in a labor and employment law roundtable for The Legal Intelligencer. Actually, the table was rectangular. But, the coffee and muffins were free, so I didn’t complain. Well, not until I dropped my pants and mooned the employee-rights lawyers on the panel. Trust…

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That’s what she said: How to navigate the pitfalls of the FCRA

When the Fair Credit Reporting Act comes a knock knock knockin’ on HR’s door, who among you, will answer the call? Fear not, kids. Cinch on your big boy/girl underpants! My colleague, Stacey Schor, in this post, has outlined a recent federal court decision that provides valuable guidance on how…

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Proposed bill banning credit checks on employees and applicants reintroduced

Second verse, same as the first. Back in March, I reported here that a bill introduced in the U.S. House of Representatives, known as the Equal Employment for All Act, would amend the Fair Credit Reporting Act to prohibit the use of consumer credit checks against prospective and current employees…

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In its war on background checks, the EEOC loses a major early battle

Late last year, in this post, I highlighted the six issues that the United States Equal Employment Commission prioritized in its Strategic Enforcement Plan.  Numero uno is eliminating barriers in recruitment and hiring. Even before it released its Strategic Enforcement Plan, earlier in 2012, the EEOC telegraphed that it would…