Data Facts Background Screening Blog

The Nitty Gritty of Background Screening Adverse Action Procedures

Posted by Johnna Leeds

Aug 31, 2020 9:45:00 AM

Background screening is an essential part of hiring. It helps you land the best people for both the job and your workplace. 9 out of 10 companies today use some type of background check for their hiring process.

It’s important that HR professionals and others involved in hiring understand there are compliance requirements for using background screening information to help make hiring decisions. One of the most crucial, and the most misunderstood, is the adverse action requirement.

If you decide not to hire a person because of the background check, your responsibility doesn’t end there.

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Topics: background screening company, FCRA, Good hiring practices, EEOC, adverse action procedures, background checks

Employers Must Know These Things About COVID-19 and the ADA

Posted by EEOC

Jul 27, 2020 1:30:36 PM

Data Facts strives to share timely information that our employer clients can use to assist them in keeping their organizations viable and successful. This is information that first appeared on the U.S. Equal Employment Opportunity Commission website. 

Disability-Related Inquiries and Medical Exams

How much information may an employer request from an employee who calls in sick, in order to protect the rest of its workforce during the COVID-19 pandemic? 

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Topics: EEOC, employer compliance, hiring process, Coronavirus, COVID-19, regulatory changes

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 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

Top Mistakes HR Makes In Screening Their Talent

Posted by Susan McCullah

Jun 10, 2016 10:48:07 AM

Background screening practices are an integral part of savvy talent management. Companies with comprehensive, consistent background check plans are more likely to eliminate potential employees who would pose risk to the workplace. Background screening helps bring to light false qualification claims and unsavory activities that would be detrimental to a business.

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Topics: background screening company, criminal records search, EEOC, background checks, background screening practices

Why HR Should Expect Better Background Screening Practices

Posted by Susan McCullah

Mar 11, 2016 9:24:27 AM

Hiring the right candidate in a timely manner sounds easy, but it’s a virtual minefield of disaster waiting at every step. A key component of a smart hiring decision is the background check.  It’s essential for HR professionals to invest in smart background screening practices to make sure they don’t get stuck with unsafe or unqualified employees. Candidates misrepresent themselves quite often, and companies need to catch these exaggerations before they extend an offer. .

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Topics: Background screening, background screening company, background check, EEOC, HR Professionals, Best Practices, employer compliance

Increase Your Hiring Mojo with these Background Check Pointers

Posted by Susan McCullah

Feb 24, 2016 11:45:32 AM

The EEOC guidance has created concern for employers who utilize criminal records searches as part of their hiring process.

What can you use, when can you use it, and how are you able to use it?

These questions can overwhelm even seasoned HR professionals, and it's important to address the concerns of utilizing criminal records checks in a background check.

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Topics: Background screening, background check, criminal records search, EEOC, hiring process

Six Employer New Year's Resolutions to Rock 2016 Hiring

Posted by Susan McCullah

Jan 20, 2016 11:02:40 AM

As we merrily trot into the new year, there are probably 1000 tasks on our plates. As always, hiring the right people is one of the big ones. With the economic climate changes and Millennials flooding the workforce, HR professionals must re-think, revise, and re-new the way they use all hiring tools, especially background screening. Here are six employer new year's resolutions to rock 2016 hiring!

#1: I will be thorough. Slapping a database search order through the system and marking an applicant "screened" is, say it with me, Bad! Bad! BAD!

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Topics: Background screening, NAPBS, background check, EEOC, HR Professionals

EEOC Guidance Criticized During House Panel Meeting

Posted by Susan McCullah

Jun 11, 2014 3:04:00 PM

Panelists testified before a House subcommitte panel on Tuesday, calling The Equal Employment Opportunity Commission’s (EEOC) 2012 guidance on an employer’s use of criminal background checks an example of administrative overreach

 Rep. Tim Walberg, Chairman of the House Subcommittee on Workforce Protections, said the EEOC’s guidance is “flawed” and criticized the agency for denying the public the opportunity to comment on the guidance before it was issued two years ago.  

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Topics: Pre-employment screening, Background screening, Employment screening policy, background screen, 2014 hiring, EEOC, Data Facts

Best Practices For Preparing for 2014 HR Regulations

Posted by Susan McCullah

Jun 4, 2014 3:00:00 PM

2014 has brought a great deal of changes to the Human Resource arena in the form of regulations. From proposed minimum wage changes, to mandatory leave time, to EEOC guidance, to the Affordable Care Act, there are many changes HR professionals are facing this year. These pose big challenges in reviewing these regulations and revising policies in order to maintain compliance. 

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Topics: 2014 hiring, EEOC, HR Professionals

Background Checks: What Employers Need to Know Pt 2

Posted by datafactssolutions

Apr 1, 2014 9:53:00 AM

Last week, we discussed several issues that employers needed to be aware of before using background checks in their hiring process. This week, we will expand on that information. (This information was taken from a joint publication of the Equal Employment Opportunity Commission and the Federal Trade Commission.)

Using Background Information

Any background information you receive from any source must not be used to discriminate in violation of federal law. This means that you should:

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Topics: Data Facts blog, Pre-employment screening, Background screening, Employment screening policy, background screening company, Criminal records, NAPBS, background screen, background check, criminal records search, FCRA, 2014 hiring, wordpress blog, Good hiring practices, EEOC

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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.