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Saturday, October 31, 2020

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At OPENonline, we notify you of the most recent background screening and investigative news with our timely news alerts, press releases, blog articles and legislative & compliance updates. If you are interested in submitting an article to appear on our website, please contact our marketing department.

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.

The Newly Adopted Human Rights Ordinance is in Effect in Grand Rapids, Michigan! Are You Compliant?

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The City of Grand Rapids, MI passed the Human Rights Ordinance in August 2019. The law took effect December 1, 2019.  The Human Rights Ordinance covers several areas including: expanding protected classes, and discriminatory practices in hiring and tenant screening, as well as in places of public accommodation. Employers and landlords within the city should ensure they are in compliance as there are provisions within the ordinance for damages and attorney fees for those found to be in violation.

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.

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