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Thursday, May 28, 2020

News Article


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.

Dollar General and Equal Employment Opportunity Commission (EEOC) File Motion to Settle Suit, Originally Filed in 2013, Involving Background Check Process!

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Law 360 reports that Dollar General and the EEOC filed a motion to settle a suit that was originally filed more than 6 years ago. In the suit the EEOC claims Dollar General’s applicant screening process creates disparate impact on black applicants. The Law 360 post states that Dollar General defends their process and denies any discrimination against African-Americans. The article goes on to say that Dollar General’s belief is that the EEOC claims are unfounded, but they are happy to have a resolution, and will continue to employ steps to ensure the safety of property, customers and employees. Law 360 also reports that the motion filed includes a $6 million settlement payment by Dollar General. The case is Equal Employment Opportunity Commission v. DolGenCorp LLC (1:13-cv-04307), District Court, N.D. Illinois, and more information can be found here.

Is Social Media Screening by Employers Considered Stalking??

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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 this week 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.

Reminder to Employers – Avoiding Accidental FCRA Liability When Screening Prospective Employees

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JD Supra posted this article discussing accidental FCRA liability when conducting background checks. It’s a straightforward explanation and a guide to employers who screen prospective employees.

This article, posted by JD Supra and Perkins Coie back in April 2019, is a good complement to their latest article noted above. The post does a great job of outlining FCRA requirements, steps employers should take when screening new hires, highlights of two Ninth Circuit decisions, perils of violating the FCRA, and takeaways for employers!

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