HR Connections Michigan 2015 - (Page 13)

Employers: It's a Great Time to Review Your Background Screening Program By Kenneth Lang, Corporate VP of Business Development, Credential Check Corporation B elow are some of the top areas of employer non-compliance. Employers should take particular care in reviewing their program and policies and also ensure that it has undergone a review by legal counsel. of inaccuracy is made to close the loop on the process. The Federal Trade Commission has opined that employers can outsource this process to their background screening partner. Fair Credit Reporting Act Violations Ban the box legislation continues to be a hot topic of conversation for employers due to the rapid-fire adoption rate of varying flavors of this legislation across the country. Ban the box refers to the box on the application that asks about a person's criminal history. It may ask 'Have you ever been arrested?' or 'Have you ever been convicted of a crime?' The underlying goal of ban the box legislation is to eliminate that question from the employment application. The concern for employers is the patchwork of differing requirements across the country which makes compliance a challenge. Disclosure and Authorization Form This document must be separate from the application in a document or format that consists solely of the disclosure that a background check will be conducted along with the reason. In addition to the federal requirements, there are several states that have their own specific mandates. Adverse Action The FCRA outlines a two-step process which includes required disclosures that must be sent (with the copy of the report) in advance of an adverse decision being made and a follow-up disclosure post decision if no claim 2015 MISHRM State Conference * Oct. 14-16 Ban the Box Blanket Policy Employers with practices that automatically exclude candidates from consideration just for having a criminal history are at odds with the EEOC's guidance and current civil rights laws. For example, companies that proclaim "We don't hire felons" could come under the radar of the EEOC. In light of the EEOC's guidance and their enforcement agenda, it is more important than ever to have a policy that details the workforce screening program by position and specifically details what type of convictions are disqualifiers. Consumer Credit Reports in Hiring Decisions A number of states currently prohibit the use of credit reports in hiring decisions - with limited exceptions. There have also been additional state and federal bill activity on the topic, which if passed could greatly limit employers' abilities to use a credit report as part of their hiring decision. If your organization has questions about employer responsibilities under the FCRA or to further discuss how Credential Check can assist with compliance requirements, please contact our office at 888-689-2000 or reach us by email at info@credentialcheck.com. ■ Registration online only at www.mishrm.org 13 http://www.mishrm.org

Table of Contents for the Digital Edition of HR Connections Michigan 2015

Welcome Message
Thank You to Sponsors
Exhibitors
Conference at a Glance
You Think You’re Connected
Mock Trial: Employment Law and Litigation
Employers: It’s a Great Time to Review Your Background Screening Program
Day of Development
Speaker Bios
Index of Advertisers/Advertisers.com

HR Connections Michigan 2015

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