Background Checks: Stepped-Up Enforcement of FCRA

By this time, most employers realize that the Fair Credit Reporting Act governs all types of employment-related background checks, not just credit checks. If and to the extent there was ever any question whether Google searches or searches of various social media sites constitute "background checks"...

Law in a Minute: Evidence of Applicant or Employee Convictions in Employment Decisions

I spoke this morning at a roundtable discussion regarding the use of criminal record information obtained through background checks and also data privacy and security at a Human Resources Committee roundtable hosted by the American Council of Engineering Companies of Arizona . It was a fun group...

Conducting Workplace Investigations

by Phyllis Katz Recently, when advising a client who was investigating a complaint of sexual harassment, I had the opportunity to revisit the EEOC's Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors (issued on June 18, 1999). The information contained...

New Federal Bill Would Ban Credit Checks on Employees and Applicants

Yesterday, I discussed some pending federal legislation that would expand the FMLA to cover part-time employees . Now, I hear that another bill introduced in the U.S. House of Representatives, known as the Equal Employment for All Act, would amend the Fair Credit Reporting Act to prohibit the use...