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May 17

2021

Navigating Employment Screening in a Pandemic Era

Due to a checkerboard of regulations and fallout from the pandemic, the healthcare industry is among the most fluctuating of sectors today. For its executive leaders, that reality makes it essential to master the process around workforce background checks. Navigating this terrain is crucial to the quality of patient care and the protection of organizational…

2021

New York City Tightens the Reins on Employers

Effective July 29, 2021, New York City further tightens the reigns on employers by broadening the scope of its Fair Chance Act (FCA). The FCA was first enacted in 2015 to help people obtain employment based on their merits rather than their mistakes. Movements toward fair chance hiring (aka ban-the-box laws) have gained momentum over…

2021

NLRB Decision Brings Significant Wins for Employers

On January 4, 2021, the National Labor Relations Board issued an opinion regarding union allegations that several provisions of a company’s employee handbook violated the National Labor Relations Act.[1] As a reminder, the NLRA: Guarantees employees the right to engage in “concerted activities” for collective bargaining or other mutual aid or protection, which are collectively…

2021

New Year, New Employment Laws – Five Changes in Employment Law to be Aware of for 2021

1. A new federal law – the Fair Chance Act Beginning December 2021, a new federal law – the Fair Chance Act – will prohibit federal contractors nationwide from inquiring about a job applicant’s criminal history during the initial stages of the application process. The new restrictions will only apply to positions related to work…

2021

11 Best Practices for Background Screening: To avoid a host of litigation-inviting pitfalls when vetting candidates, employers should adopt a few key principles and protocols.

Hiring executives confronting the checkerboard of state and local regulations on background screening can follow practitioner-tested conventions to dodge problems and improve outcomes: Review all application documents. Remove problematic disclosure requests, especially those for criminal records. Remove documents or provisions requiring candidates to waive their disclosure rights and release your company from liability in relation…

2020

Three Things to Know about Adverse Action: If background screening uncovers facts that appear to disqualify a candidate, employers are advised to follow a strict sequence of procedures.

As mentioned in our previous posts, an employer must navigate candidate and employee background screening with extreme caution. This is especially true if the employer takes any action adverse to the interests of the candidate based wholly or partly on the screening report. To minimize the risk of litigation, so-called adverse actions must be pursued…

2020

Six Things to Know about the FDIC’s Section 19: Recent agency codifications should be carefully reviewed by insured institutions

Section 19 of the Federal Deposit Insurance Act has been in existence since 1950, but the Federal Deposit Insurance Corporation provided codifications for the section in 2020. The updated regime sets ground rules for the employment of certain categories of persons working for banks and other financial institutions. Unless an FDIC-insured establishment obtains the prior…

2020

Four Things to Know about “Ban the Box” Restrictions: A nationwide trend creates new legal exposure for employers researching a candidate’s criminal history

“Ban the Box” is a fast-growing nationwide movement that seeks to protect job applicants who have criminal records by eliminating any inquiry into such histories on initial job applications. As of 2019, 35 states and more than 150 cities and counties had adopted ban-the-box laws, according to the National Employment Law Project. At the federal…

2020

Five Things to Know about “Disparate Impact” Rules: Based on federal regulatory guidance, employers must be very careful when taking a candidate’s criminal record into consideration.

As mentioned in our previous blog post, adverse actions that affect candidates for employment or promotion can expose employers to potential legal action. Most common are claims of “disparate impact” on protected classes. Under guidance provided by the Equal Employment Opportunity Commission in 2012, consideration of arrest and conviction records in employment decisions is governed…

2020

The FCRA Litigation Landscape: Employers need to understand the background screening mistakes that can make them liable for significant damages.

A record number of lawsuits under the Fair Credit Reporting Act (FCRA) were filed in 2019. The takeaway for employers conducting background checks: comply vigilantly with the law or face the prospect of expensive litigation. As of January 2020, FCRA complaints had spiked by 37.4% over the previous year, according to the data-tracking firm WebRecon…

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