Employment Screening Law and Trends

In a recent LinkedIn discussion among HR Professionals and experts, the debate of using database public information came up. The concern is if you use public records or database information for a criminal search, are you liable to verify the accuracy and freshness of the information. According to the FCRA Section 613(2) you must “maintain strict procedures” that the information is complete and up to date. CBY Systems provides database searches based on public records but we recommend to confirm any database “hit” with a manual search of a county or state police repository. This was the general consensus of the HR Professionals in the discussions.

Les Rosen’s Top Trends for 2012:

From his recent article in the February Issue of The Background Investigator, here are 3 of the Top Trends in Employment Screening for 2012. 1) Criminal Checks are coming under greater scrutiny by the EEOC as discriminatory to ex-offenders. (2) Credit Reports will see increased regulation but mainly there will need to be job related reasons to pull a credit report on an applicant (3) Social Media searches are becoming more prevalent and more controversial as there are numerous legal pitfalls and risks associated with using Social Media in hiring decisions.