Data Facts Background Screening Blog

Use of Salary History by Employers in New York City and Oregon

Posted by Susan McCullah

Aug 30, 2017 1:41:44 PM

Here are a couple of upcoming changes in regards to using salary history in employee background screening in New York City and Oregon.

New York City and Use of Salary History by Employers

Effective November 1, 2017 and per  City Administration Code §8-107 (www.amlegal.com/codes/client/new-york-city_ny/), an employer or its "agent" cannot inquire about salary history.  If applicant "voluntarily" and "without prompting" discloses past salary, the employer can verify it. 

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Topics: Background screening, background screening practices, Applicant salary history

5 Tips Employers Should Know About International Background Screening

Posted by Susan McCullah

Jul 31, 2017 12:57:42 PM

Today’s workforce has more people who have lived, worked, or studied abroad than at any other time. Global living poses a unique challenge to employers during the background screening process. How can you thoroughly review an applicant’s background if they have spent time in other countries, and still maintain the compliance and integrity of your background screening process?

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Topics: Background screening, Employment screening policy, background screening company, international background screening

Fingerprinting for Background Screening: What Employers Must Know

Posted by Susan McCullah

Jun 29, 2017 9:31:26 AM

The majority of employers use some degree of background screening in hiring decisions. Some employ a criminal search, while others use several screening reports, drug screening, and assessment testing to help reach their decisions. 

Fingerprinting is another screening option that helps employers gain additional information on the job candidates background and past behavior. 

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Topics: Background screening, Healthcare hiring, background screening practices, fingerprinting for background screening

Results from Background Screening Survey Conducted for NAPBS

Posted by NAPBS

May 23, 2017 9:09:39 AM

This article was originally posted by National Association of Professional Background Screeners at http://www.napbs.com/NAPBS/assets/File/NAPBS_Survey.pdf

As employers seek to make informed decisions related to their hiring, ensure safety in our workplaces and communities, and retain the most qualified candidates and mitigate risk, they are increasingly turning to professional background checks to accomplish their goals.

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Topics: Employment screening policy, background screening company, NAPBS, background check, HR Professionals, background screening practices

NYC to Ban Inquiries Regarding Applicant Salary History

Posted by Akin Gump

Apr 28, 2017 9:09:21 AM

This was originally written by Akin Gump and posted on AkinGump.com

The New York City Council passed a bill prohibiting firms from inquiring about, or relying on, an applicant salary history in connection with the recruiting or hiring process. This bill will make doing so an unlawful discriminatory hiring practice.

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Topics: Background screening, Employer hot topics, 2017 Hiring, unlawful discriminatory hiring practice, Applicant salary history

D.C. Restricts Use of Credit Information in Employment Decisions

Posted by Sarah Hamilton

Apr 4, 2017 2:46:25 PM

*Portions of this blog were originally posted on Hunton Employment and Labor Law Persectives website, written by Sara Hamilton and Thomas P. Murphy.

The District of Columbia joins a dozen other jurisdictions across the country that prohibit an employer’s use of credit information in employment decisions.  The new law, D.C. Act 21-673, amends the District of Columbia’s existing human rights law by adding credit information as a prohibited basis for discrimination for any employment decision (not just hiring) and applies to employers of any size.  

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Topics: Pre-employment screening, FCRA, Credit Score, washington, dc, 2017 Hiring

California Lawmakers Introduce Statewide Ban the Box Law

Posted by Jennifer Mora

Mar 28, 2017 9:12:27 AM

This information was originally posted on SHRM.org by Jennifer Mora

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Topics: Background screening, Ban the Box, Employer use of criminal records

Hiring Technology Trends that HR Pros Must Understand in 2017

Posted by Susan McCullah

Mar 20, 2017 1:00:00 PM

Remember when you just placed a want ad in the newspaper when you needed to hire someone?

Seasoned HR professionals have experienced a myriad of changes in hiring over the last decade, and new HR pros probably wouldn’t even recognize how we did it “back in the day.”

The changes keep coming in 2017!

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Topics: Background screening, Hiring, 2017 Hiring

California Employers Subject to New Requirements When Using Criminal History Information

Posted by Jennifer Mora

Mar 2, 2017 1:31:11 PM

Educating our clients on important industry changes and regulations that affect their businesses is one of Data Facts' top goals.

California employers, and companies with branches or divisions in California, should familiarize themselves with the following information. 

*Originally posted on Littler.com by Jennifer Mora. 

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964” (2012 Guidance).  The 2012 EEOC Guidance does not prohibit employers from using criminal records, but outlines best practices that the EEOC advises employers to follow, including a recommendation that employers, among other things: (1) remove from employment applications the question that asks job applicants to self-disclose their criminal record; (2) not make an employment decision based solely on the fact of an arrest record; and (3) conduct an “individualized assessment” before rejecting an applicant or terminating an employee because of a conviction. 

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Topics: Criminal records, background check, EEOC, background screening practices

Ninth Circuit Rules an Employer Willfully Violated the Fair Credit Reporting Act by Including Liability Waiver With the Disclosure Form

Posted by Abigail Green

Feb 14, 2017 3:58:23 PM

Data Facts wants to educate our clients on compliant best practices with their background screening policies. Simple errors can be considered a willful violation of the FCRA. Don't fall victim to expensive lawsuits due to negligence or lack of oversight!

~Originally posted at JD Supra Business Advisor by Abigail Green

In a case of first impression, the Ninth Circuit ruled that an employer willfully violated the Fair Credit Reporting Act (FCRA) by including a liability waiver in a disclosure and authorization form that it provided to a job applicant. As a result, the employer could be held liable for statutory damages ranging from $100 to $1,000, punitive damages, as well as attorneys’ fees and costs, even though the employee did not suffer any actual harm. Syed v. M-I, LLC, 2017 WL 242559 (9th Cir. 2017).

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Topics: Pre-employment screening, background check, FCRA, Litigation avoidance, background screening practices

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~~Susan McCullah is the Marketing Project Manager/ Background Screening Division for Data Facts, Inc, a 25 year old Memphis based company. Data Facts Inc -an NAPBS accredited company- is a leading provider of employment screening solutions. Check out our website for a complete explanation of our services.