Data Facts Background Screening Blog

Avoid Hiring Lawsuits with Background Checks: The ABC's

Posted by Susan McCullah

Feb 28, 2018 1:39:57 PM

Conducting a background check on job applicants is key in deciding on  the most qualified person who is the least risk to the workplace. However, companies must take precautions with their background screening process to make sure they are treating job seekers fairly and in a uniform manner.

Here are the ABCs of avoiding hiring lawsuits with background screening.

A: Adhere to adverse action procedures.

HR professionals must understand and execute adverse hiring procedures if they decide in whole or part to deny employment based on information obtained in a background report. Pre-adverse action letters must be sent, and then a few days (usually five or more) and a final adverse action letter is sent. Follow this every single time to avoid litigation. 

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Topics: Background screening, Hiring, Litigation avoidance

Driver Screening: Is Your Company's Biggest Risk on the Road?

Posted by Susan McCullah

Dec 15, 2017 1:08:14 PM


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Topics: Pre-employment screening, Background screening, background check, post-employment screening, negligent hiring, driver screening, background check services

Naughty or Nice? Know Your Job Candidates' History with Background Screening

Posted by Susan McCullah

Nov 30, 2017 9:40:40 AM

As the holiday season barrels upon us, we are reminded of the question "Were you naughty or nice?" If you are hiring, as many companies are, it pays to ask this question in a variety of ways.

Why? Because many of today's applicants have been naughty!

It's estimated almost half of resumes contain some type of mistruth. 

Inaccurate information ranges from small little exaggerations to big boldfaced lies. And not catching them can cost your company big!

Asking Santa for an honest employee is probably not the plan that is going to work for you!

Here are 4 background screening pointers that can help you decide if the sweet and professional-looking job applicant sitting in front of you has been naughty or nice. 

#1: Did they really study at that college or university? 

Naughty: Applicants may list a degree when they only attended classes at a university or college, or may not have ever stepped foot on the campus. 

Keep it nice by: Ordering an education verification on any claims your applicant makes on attendance, degree obtained, or special certification. 

#2: Have they actually established a steady work history?

Naughty: Your applicant may be fudging the time they spent in a job, or make it up completely.

A staggering third of all resumes are estimated to contain some sort of fraudulent dates of employment. This can range from stretching employment dates to cover job gaps to claiming they were ‘self employed’ for a certain timeframe. Some applicants will even create jobs to cover gaps in employment.

Keep it nice by: Verifying all dates of employment with the employer, and looking closely and ask about any gaps.

#3: Are they really as awesome as they claim?

Naughty: Applicants will inflate and exaggerate their performance and responsibilities to increase their chance of landing a job. They may even talk friends or family members into giving false references. 

27% of all resumes contains a false reference. Applicants may lie about this because they had poor performance at their previous job, or may have fabricated their entire work history. The potential hire may submit incorrect or incomplete reference information in hopes you won't take the time to ‘track down’ the reference. The resume may also contain fraudulent information that directs employers to friends or family members-claiming they are managers or co-workers-that report in glowing terms on the applicant.

Keep it nice by: Using a professional background screening company to follow up with references and ask specific questions pertaining to the applicant's performance and pay. Verify every claim. 

#4: Did they really have that job title?

Naughty: In an effort to get more money and a better title, some job seekers will make up or embellish their previous performance and experience.

Lots of applicants believe they can land a higher paying position by fabricating a higher job title. Many candidates will ‘promote themselves’ to a title several levels higher than their real one in hopes that the potential employer will offer them a similar position to the one showing on their resume.

Keep it nice by: Thoroughly researching and reviewing information that backs up their claim by ordering a thorough employment verification. 

The consequences of being duped by a resume lie are high. An employee that is a bad fit can also cost a company customers, inventory costs, and even litigation expenses. 

HR professionals must take measures to protect their company from a dishonest job applicant by looking at resumes and applications with a critical eye and verifying all information on the resume. Partnering with a professional background screening company minimizes the changes of ending up with a naughty employee!

Happy Holidays!

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Topics: Background screening, background screening company, background screen, HR Professionals

Background Screening Situations that will Make You SCREAM!

Posted by Susan McCullah

Oct 31, 2017 9:30:00 AM

Over the years, we have seen our background screening tools unearth many scary surprises hiding deeply in applicants’ histories. Job candidates who look perfect and sound great can still harbor dangerous skeletons in their closets, and those can be detrimental to the safety of your workplace.

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Topics: Background screening, Litigation avoidance, 2017 Hiring

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 checks 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 (, 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 access a background check from another country and review the applicant’s history and still maintain the compliance and integrity of your background screening process?

Background screening reports are available from a wide variety of foreign countries.

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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

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

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. Employers must be aware of this during their background check 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 as part of an applicant's background check used for 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

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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.