Background Checks

Author: David B. Weisenfeld, XpertHR Legal Editor

With stories of workplace violence too often in the news, many employers rely on background checks in screening prospective employees. However, the use of these checks raises a host of compliance issues that an employer cannot afford to ignore.

Key factors to consider include the Fair Credit Reporting Act (FCRA) and its notice requirements; the trend of state "ban the box" laws that prevent employers from asking criminal history questions on initial job applications; limitations on credit checks; and ensuring background checks do not have a disparate impact on minority job applicants.

Using XpertHR's various Tools and resources can help an employer that wants to make use of background checks in its hiring process to do so in a legally-compliant manner.

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