Data Facts Background Screening Blog

7 Smart 2019 Background Screening Resolutions HR Should Make NOW

Posted by Julie Henderson

Dec 19, 2018 10:29:42 AM

With record low unemployment, finding, recruiting, and keeping high performing employees in your organization will be more challenging in 2019 than in the recent past. Even so, it’s entirely possible to be productive and successful in your hiring endeavors. It just takes planning and commitment.

2019 in business-1

Here are 7 smart resolutions relating to background check processes that are essential for HR to consider in 2019 and beyond.

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Topics: background screening company, background screen, Compliance, adverse action procedures, background checks, background screening practices, background check services, hiring process

Employment Laws: Vermont Employers Can't Ask About Salary History

Posted by Johnna Leeds

Jun 29, 2018 1:44:02 PM

The way organizations recruit, interview, and choose new employees is changing in a variety of ways. What were once commonplace practices are now being phased out in favor of new processes that are less discriminatory and equal for everyone.

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Topics: background checks, background screening practices, employer compliance, hiring process, salary history ban, Vermont, employment laws

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 (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

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 background check 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, background check services

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 a professional background check to accomplish their goals.

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

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 check 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

Worried About A Compliant Background Screening Process?

Posted by Susan McCullah

Jan 31, 2017 9:52:21 AM

Scary scenarios are blasted over the news quite often these days. 

“Company 123 has broken "Ban the Box" rules"

"Company 456 has been sued for millions because of negligent hiring practices"

"Company 789 is liable for big bucks because their hiring practices are discriminatory"

These examples are proof that it's time to take your background check process seriously. While it may seem overwhelming to try to create and execute compliant hiring practices, all it takes is a bit of organization and education. 

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Topics: background screening company, Hiring, background check, Data Facts, background screening practices, employer compliance

Five Actions HR Should Take If Someone Doesn't Pass A Background Check

Posted by Susan McCullah

Sep 23, 2016 9:45:30 AM

So, you found a job candidate that seems well-qualified, honest, and ready to fill your open position.

When you receive their background screening report, however, you see that, Ba-Bam, they are not going to work out.

Perhaps their background check uncovered a felony   

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Topics: Background screening, background check, Good hiring practices, Litigation avoidance, background screening practices, employer compliance

"Instant" is Bad for Coffee AND Background Searches

Posted by Susan McCullah

Jun 27, 2016 10:11:34 AM

The 21st century is the age of instant. From texts, pictures, and phone calls, to finding the name of the boy who played the youngest Brady kid, we have information and communication at our fingertips, available in seconds. 

Is that why employers are crazy about the idea of an instant background check

We hear about them everyday from clients, and competitors constantly tout instant criminal records searches returned in seconds. 

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Topics: credit checks, background check, Litigation avoidance, background screening practices, background check services

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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.