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There’s an excellent article at In-House Counsel titled: Conducting Employee Background Checks: Navigating Current Rule. Here’s the lead.
In recent years, an ever-increasing number of employers are conducting some form of background checks on job applicants and employees. In fact, in a 2004 study, the Society for Human Resource Management reported that 96 percent of human […]

The US Economic Opportunity Commission (EEOC) reports that charges of job discrimination based on the use of criminal background checks, credit reports, and other screening tools in hiring increased by more than four times between fiscal years 2003 and 2006. To help businesses understand and comply with the laws related to background checks and […]

A recent Associated Press piece discussed the use of credit checks by employers as part of pre-employment screening and background checks. The writer cited an interesting statistic.
“In its most recent report on reference and background checking, in 2004, the Society for Human Resource Management found that 19 percent of organizations conducted credit checks.”
This is one […]

In October, news media carried the story of an off-duty police officer who shot seven people in Crandon, Wisconsin, killing six of them. Normally that would not concern us here because we talk about issues related to the use of background checks by employers and landlords.
Earlier this month, though, organizational development consultant Daniel Schroeder […]

Maybe it’s because we’ve got older relatives in a nursing home that this story makes me so angry. Here’s how it was reported in the Chicago Tribune.
The Elder Justice Act, designed to combat abuse, neglect and exploitation of older Americans, still gathers dust in Congress. It has been doing that for five years, odd for […]

Back in 2001, Scott McNealy, the CEO of Sun Microsystems, roused the media with a zinger delivered at a new product introduction. “You have zero privacy anyway,” McNealy told a group of reporters and analysts, “Get over it.”
That may not have been exactly true then, but now an Iowa University professor, Mark Andrejevic, says that […]

Up in Boston, Harvard School System Superintendent Thomas Jefferson has escaped one kind of trouble just in time to land in another kind. When the Worcester district attorney’s office announced that it wouldn’t pursue a criminal case on alleged illegal payments, Johnson must have breathed a sigh of relief.
Now he’s in trouble in a different […]

The Insurance Journal reports that the Supreme Court has ruled in favor of two insurance companies, GEICO and Safeco. The companies were accused of violating the Fair Credit Reporting Act (FCRA).
There were actually two rulings. Even though they don’t relate directly and specifically to background checks or tenant screening, there are still important things […]

It’s scary that you should have to check the backgrounds of people who care for the elderly, but that’s part of what will be legally required when the Patient Safety and Abuse Prevention Act becomes law. Note that I said, “when” and not “if.”
The bill, authored by Senator Herb Kohl (D-WI), Chairman of the Senate […]

In 1995, the Workplace Violence Research Institute found that: “Every workday, an estimated 16,400 threats are made, 723 workers are attacked, and 43,800 are harassed.”
That’s a lot of violence. Most of it isn’t dramatic cable-news-coverage stuff, but none of it makes for a better workplace. When violence is part of the working environment, productivity and […]

You would think that as a self-proclaimed “Nation of Immigrants” we would have figured out an immigration policy by now. That’s not the case.
In the last few weeks, immigration bills dripping with amendments have seemed certain of passage. Then they were “killed.” Then, like creatures in those old horror movies, they’ve come back.
If you’re […]

From Techdirt, we learn that the search engine background checks discussed in an earlier post have now been officially made legal — at least to a limited degree. An employee at the National Oceanic and Atmospheric Administration was fired for misusing government property, a decision that was apparently made easier when an online search […]

And now, for a story that could only happen in Canada.
In America, marijuana use is generally illegal. In any given day it is easy to find news of various drug busts that scoop up otherwise respectable citizens. There has recently been a concerted push to legalize marjiuana use for medical purposes, […]

A couple of weeks ago we noted a loophole in the gun background check requirements which allowed Cho Seung Hui to bypass rules preventing the sale of firearms to those of questionable sanity. He was able to purchase guns even though he had been ordered into psychiatric counseling by a judge. Given the […]

If you have been looking for companies to help you with a broad range of employment screening needs, you may have noticed that there are quite a few vendors offering criminal background checks — but that driving records are much harder to find. There are a number of legal and economic reasons for this, […]

If you have any exposure to the increasing media frenzy of Web Bubble 2.0, you have probably heard of Second Life. Second Life is a virtual world where you can present yourself in ways untethered by your actual looks and interact with other people doing the same thing in a virtual landscape. There […]

Since Anna Nicole Smith’s death, a firestorm has broken out over her seemingly drug-related death, and custody of her child. Where there is money, there are lawyers, and many allegations of criminal activity have been made. In the latest round, the social services department has ordered a background check on Anna’s mother as […]

Pity the poor sex offender. They have to register their address, can’t live near schools and playgrounds, and their names are available for all to see at the national sex offender registry. And now, things are about to get worse. Ohio is considering a bill that would require sex offenders to put […]

Traditional criminal checks have protections for employees built-in to the system, courtesy of the Fair Credit Reporting Act (FCRA). State laws also serve to protect the subjects of employee background checks. Some criminal records dog job candidates longer than they would like, but at least the person is notified about the problem, and […]

If you are a consumer, as opposed to a business owner or human-resource professional, you probably do not run background checks very often. Maybe to check out a boyfriend, or a self-check prior to interviewing for a job. These are all casual searches that do not affect someone else’s job, credit, or housing. […]

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