Data Facts Background Screening Blog

Confusing Background Check Disclosures Can Result in Employer Compliance FCRA Trouble!

Posted by Nadia D. Adams

Dec 4, 2018 10:23:57 AM

Data Facts strives to keep our clients informed about the importance of diligent and consistent compliance in their background check processes. This article was written by Nadia D. Adams and originally published online at The National Law Review.

On November 29, 2018, the Ninth Circuit Court of Appeals issued a decision in Mitchell v. Winco Foods, No. 17-35998, 2018 U.S. App. LEXIS 33483 (9th Cir. Nov. 29, 2018); a Fair Credit Reporting Act (“FCRA”) case on appeal after the U.S. District Court for the District of Idaho granted the defendant’s motion to dismiss the case for lack of standing.

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Topics: FCRA, Litigation avoidance, adverse action procedures, Employer hot topics, employer compliance, employment laws

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

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 check tools unearth many scary surprises that were 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, background check, Litigation avoidance, 2017 Hiring, hiring process

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

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

Employer Hot Topics Businesses Must Know

Posted by ESLTG

Apr 21, 2016 10:09:25 AM


Litigation against employers is on the rise, and companies must strive to protect themselves against hiring lawsuits.

Key hot litigation targets can cause big problems to employers who are not aware and prepared. 

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Topics: background screening company, background check, FCRA, Litigation avoidance, negligent hiring, Employer hot topics

Background Screening News: FCRA Class Action Suits On the Rise

Posted by Katie Ostrander

Sep 29, 2015 10:47:26 AM

It is a common practice for employers to perform a background check or review credit ratings of potential, and sometimes current, employees. Background checks that provide this type of information are helpful to employers when evaluating candidates for employment, as such information can help safeguard a business and limit exposure to liability for negligent hiring. When an employer runs background checks, however, they must be sure to comply with the many requirements laid out by the federal Fair Credit Reporting Act (FCRA).

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Topics: background check, FCRA, Litigation avoidance

Workplace Violence – Putting Employers on the Horns of a Dilemma

Posted by Mark A. Lies and Craig B. Simonsen

Sep 11, 2015 10:35:09 AM


Employers today can find themselves in a seemingly untenable dilemma when they have violence threaten to invade their workplaces.  Two recent cases illustrate the competing liabilities that employers face in their decision-making as to how to respond to workplace violence.

In one case, decided by the United States Court of Appeals for the Ninth Circuit, the employer, a superalloys casting company, chose to fire an openly hostile employee making death threats to avoid potential injury to its employees, and face the prospect of costly litigation including an Americans with Disabilities Act (ADA) lawsuit.

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Topics: Best Practices, Workplace violence, Litigation avoidance

The ABC's of Avoiding Hiring Lawsuits with Background Screening

Posted by Susan McCullah

Aug 4, 2015 10:32:00 AM

Background screening potential new hires is key in order to choose the most qualified candidate who is the least risk to the workplace. However, companies must take precautions with their background check process to ensure they are screening in a fair, consistent manner. Otherwise, you can end up being sued for negligent hiring!

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

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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.