Data Facts strives to inform our clients of the ever-evolving laws and regulations affecting their background screening process. This article first appeared on the JDSupra website. 

Effective May 10, 2020, New York City’s Human Rights Law will prohibit employers from requiring job applicants to submit to a marijuana or THC drug test as a condition of employment, with some limited exceptions. The NYC law is the first to ban pre-employment testing, but likely not the last in light of increasing momentum to legalize the recreational use of marijuana. 

Topics: Pre-employment screening, Drug Screening, background check services

Nobody wants to be a turkey. That’s why Human Resource professionals must maintain diligence and consistency to create the most relevant, efficient hiring process possible.

Topics: Pre-employment screening, Employment screening policy, unlawful discriminatory hiring practice, background check services, hiring process

 

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

*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.  

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

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 (9^th Cir. 2017).

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

The Social Security Number Trace, AKA “Alias Search” is a vital step in the background check process. Employers must understand its advantages as well as its limitations before utilizing it in their hiring process in order to maintain hiring compliance.

A social security trace IS: 

• A powerful investigative tool that may provide information on an individual’s name, history, present and past addresses, and movement patterns based upon the applicant’s Social Security Number. 

Topics: Pre-employment screening, Employment screening policy, background screen, background check, Good hiring practices, Compliance, social security trace, background check services

The end of the year is also a time businesses need to look at their practices, and make sure they have the best hiring system possible going into the New Year.
This should include reviewing and revamping your background screening policy.

Topics: Data Facts blog, Pre-employment screening, NAPBS accreditation, Background screening, Employment screening policy, background screening company, background screen, background check, wordpress blog, Good hiring practices

If you perform a background check on your new hires, your company is protected, right?

Not if you are letting contract and temporary workers slip through the cracks.

The majority of companies have people on their premises that are not officially “company employees".

Topics: Pre-employment screening, Background screening, Employment screening policy, 2012 hiring, background screening company, background check, Data Facts

Nobody wants to get sued. 

It costs money, eats up time, tarnishes reputations, and is just an all out pain in the rump! 

Negligent hiring lawsuits are on the rise, and it pays employers to take precautions to minimize the risk of being one of the long line of companies that must defend themselves against litigation. A background check can assist!

Here are four ways your background screening policy helps with litigation avoidance: 

Topics: Pre-employment screening, Background screening, background check, Litigation avoidance

The turtle may win the race, but the ninja employer stays in business!

 Today, company's face more challenges that ever before. Increased competition, greater regulation, and pricier raw materials all play major roles in a business's success or failure. 

Effective hiring practices also weigh heavily on a company's bottom line. Good hiring decisions result in great employees who build the company up, but bad employees, well, can tank it before your very eyes. It's essential for hiring managers to invest strategic thought into how they find and bring on top notch employees. 

Here are four points to ponder if you want to run a background check like a ninja. 

Topics: Pre-employment screening, Background screening, background screening company, Good hiring practices, Data Facts, best onboarding practices, Reduce Employee Turnover