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Friday, August 07, 2020

News Article


Social Media Screening by Employers Provides Valuable Information When Done Right!

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We’ve delved into this topic several times in recent months, discussing the possible perils and benefits of social media screening of candidates. The National Law Review posted an informative article titled “To Stalk or Not to Stalk….That Is the Question – Using Social Media for Applicant Review.” The focus of the article is social media screening, and they included some great best practice tips when using social media to screen applicants.

Ninth Circuit Decisions Outline Why Stand-Alone Disclosures Are So Important to Avoid Liability!

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The National Law Review published this article outlining Ninth Circuit decisions and requirements for Article III standing. The decisions also clarify when extraneous information on background screening disclosures can put employers at risk. Background screening disclosures and authorizations continue to be an area of litigation and it is important to get it right if you want to avoid lawsuits.

Two Recent Ninth Circuit Decisions Concerning the Fair Credit Reporting Act and Background Checks With Mostly Employer Favorable Outcomes!

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The Ninth Circuit ruled generally employer favorable in two recent decisions concerning background checks and disclosures. The highlights in these two cases were that the background check disclosure may contain explanatory language as long as it isn’t excessive and confusing; the disclosure can be presented at the same time as other materials, as long as the disclosure is on a separate form; the language in a separate authorization form has no impact on the disclosure form’s compliance with the Fair Credit Reporting Act (FCRA) standalone requirements; and the pre-adverse action letter does not have to require the opportunity for the applicant to discuss the report with the employer.

Society for Human Resource Management (SHRM) Advises of Three Screening Trends for 2020!

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SHRM recently posted about three pre-employment screening trends they anticipate this year. Compliance will be the main focus of all three categories and will be critically important to get right. According the SHRM, FCRA claims will continue. Laws focusing on ban-the-box, salary history bans, and marijuana in the workplace will continue to pass. And technology advancements and review will be a focus in 2020. You can read the full article and gather more information here.

Update: Dollar General and Equal Employment Opportunity Commission (EEOC) Resolve 6-Year Long Suit Involving Background Check Process! A Good Reminder to Evaluate Your Screening Process!

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We alerted you in early November to the motion filed to settle this suit. On November 18, 2019, the EEOC announced that the litigation is settled. While Dollar General is steadfast that their process is legal, and admits no wrongdoing, the settlement includes strict criteria to follow going forward concerning their screening process. This lawsuit is a good reminder to review your screening process to ensure compliance with Federal, State and local laws. We’ve compiled some great resources to assist you here.

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