Tag: FCRA

Taking Adverse Employment Actions Based on Background Checks

The Fair Credit Reporting Act (FCRA) was enacted to promote accuracy, fairness, and privacy of consumer information contained in the files of consumer reporting agencies (CRA). Employment background checks are a form of consumer report, so employers that conduct background checks on job applicants or employees must follow the procedures outlined in the FCRA. Failure […]

Temporary Rescission of Job Offer Isn’t Adverse Employment Action, 7th Circuit Rules

Federal law bans employment discrimination against current or prospective employees based on race, age, and other protected classes. Additionally, it prohibits adverse action against employees based on a consumer report unless the findings are provided to the individual. Are the provisions violated when a prospective employee’s job offer is briefly rescinded and then reinstated? A […]

Are Your Background Checks in Compliance?

Recruitment, while necessary, comes with a degree of risk. Employment screening programs are often used to decrease this possibility. In a survey conducted by the Professional Background Screening Association, 75% of employers use background checks to protect their employees and customers, 52% use them to improve the quality of their hires, and 41% use them […]

FCRA and Background Checks: Common Employer Questions and Best Practices

When considering a job applicant, you’ll likely want to investigate the person’s work history, education, criminal record, financial past, and medical information. The Federal Trade Commission (FTC) regulates such background checks (or “consumer reports”) through the Fair Credit Reporting Act (FCRA), a lengthy, complex set of laws that can be quite daunting to employers. Here […]

The New Captain America

On the heels of WandaVision, Disney’s much-anticipated (and, post-Episode 3, thoroughly entertaining) Avengers Endgame follow-up, comes Falcon and the Winter Soldier. I am thrilled to see the original Captain America’s (Steve, played by Chris Evans) besties holding their own as lead actors in their own show.

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Hulu’s Little Fires Everywhere Takes Liberties with Employee Background Checks

My wife and I are currently binge-watching Little Fires Everywhere, a Hulu miniseries based on a book of the same name. Set in Shaker Heights, Ohio, during the late 1990s, Fires stars Reese Witherspoon as Elena Richardson (a white, married, upper-middle-class newspaper reporter with four children) and Kerry Washington as Mia Warren (a black, single mother who works as an artist and supplements her income through other part-time jobs).

How the Fair Credit Reporting Act Affects Hiring and Firing

Employers that engage third-party agencies for assistance in conducting background checks on employees or job applicants or gathering information for workplace investigations must strictly adhere to the Fair Credit Reporting Act’s (FCRA) notice and authorization requirements.

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Fair Credit Reporting Act—Employment Law Basics

The Fair Credit Reporting Act (FCRA) does far more than regulate the exchange of consumer credit information. You need to understand how it applies to employees and applicants in order to ensure compliance. Below is a general summary of your FCRA obligations.

Social Media Training—The Challenges and the Consequences

By Francine Esposito, Esq. Managing employees’ social media use can be very tricky, but the modern employer cannot afford to ignore the challenge. In today’s Advisor, Francine Esposito, Esq., partner at Day Pitney LLP, elaborates on some of the challenges that surround social media management and training, along with the consequences of taking improper actions.