Header graphic for print
Workplace Privacy, Data Management & Security Report

Category Archives: Background Checks

Subscribe to Background Checks RSS Feed

Baltimore, MD Joins “Ban The Box” Movement

Baltimore, MD has joined the growing list of cities and states around the country implementing “ban the box” legislation.  “Ban the box” legislation restricts inquiries regarding an applicant’s criminal history on applications for employment and during job interviews.  The EEOC recommends “banning the box” believing the use of conviction records excludes applicants and can disparately impact… Continue Reading

EEOC & FTC Issue Joint Background Check Guidance

The U.S. Equal Employment Opportunity Commission (EEOC) and the Federal Trade Commission (FTC) issued joint informal guidance concerning the legal pitfalls employers may face when consulting background checks into a worker’s criminal record, financial history, medical history or use of social media.  The FTC enforces the Fair Credit Reporting Act, the law that protects the… Continue Reading

Proposed Bill Barring Credit Checks By Employers

Massachusetts Senator Elizabeth Warren recently introduced legislation which would ban employers from conducting credit checks of prospective employees during the hiring process.  Known as the Equal Employment for All Act, the measure would amend the Fair Credit Reporting Act to prohibit employers from using consumer credit reports to make employment decisions.  Notably, the Act would permit exceptions… Continue Reading

Employers May Consider Applicant’s Bankruptcy When Making Hiring Decision, Eleventh Circuit Rules

One might think that bankruptcy is a private matter, with little to no bearing on whether one can meet the qualifications for a particular job. As my colleagues report today, the U.S. Court of Appeals for the Eleventh Circuit (with jurisdiction over Alabama, Florida and Georgia) joins its sister Circuits (the Third and Fifth Circuits) in holding… Continue Reading

Maryland Restricts Employer Use of Credit History Information

On April 12, 2011, Maryland Governor Martin O’Malley signed into law S.B. 132/H.B. 87. Under this law, Maryland employers, except in limited circumstances, are prohibited from using an individual’s consumer credit history for hiring or other employment purposes.  Beginning October 1, 2011,  employers are prohibited from using credit report data to deny employment, discharge an employee,… Continue Reading

Florida, Michigan, and Montana Follow National Trend and Consider Banning the Use of Applicant Credit History Background Checks in Hiring Decisions

Prepared by Lillian Moon In the face of increasing unemployment, in March 2011, Florida, Michigan, and Montana joined the ranks of approximately fifteen other states that are considering bills limiting employers’ ability to use credit checks for employment purposes. Florida. Florida’s Senate Bill 1562, introduced on March 3, would prohibit employers from using an applicant’s… Continue Reading

FTC Proposes Revised FCRA Notices

Contributed by: Richard Greenberg Pursuant to the Fair Credit Reporting Act (pdf), the Federal Trade Commission has promulgated three notices (pdf): (i) A General Summary of Rights; (ii) A Notice to Furnishers of Information to Consumer Reporting Agencies; and (iii) A Notice to Users of Consumer Reports (such as employers). In late August, the FTC proposed revisions… Continue Reading

State Law Developments for Credit and Criminal Background Checks

Recent state law developments will affect whether and to what extent certain employers can conduct credit and criminal background checks on employees and applicants. Employers, particularly multi-state employers, should be sure to review these new requirements and adjust their practices accordingly. Massachusetts The Commonwealth has changed how employers access and use criminal offender record information… Continue Reading