Almost everyone has heard the terms DWI and DUI, and many think that both are interchangeable. New York law uses a third term – DWAI. None of these terms are interchangeable, and New York law does not use the term DUI or driving under the influence. In New York, there …
Read More »District of Columbia: Limitations on Reporting Negative Information in Background Checks Used for Employment Purposes
Although several states have laws analogous to the federal Fair Credit Reporting Act (FCRA), the District of Columbia does not. As a rule, the District of Columbia follows the federal FCRA regarding the limitations on reporting negative information in background check reports used for employment purposes. However, there are three …
Read More »Q1 2020: UPDATE OF LAWS AFFECTING EMPLOYMENT BACKGROUND SCREENING
As the year and a new decade unfold, we bring you this update on ban-the-box legislation and laws that restrict credit report usage in employment decisions. And no update would be complete without a reminder about a standard-setting federal appellate opinion from 2019 interpreting the Fair Credit Reporting Act (FCRA) disclosure requirement …
Read More »Potential Issues in using Social Media Information in Employment Decisions (Discussion)
Below are some of the common issues and considerations for using social media information in employment decisions. Illegal discrimination According to a 2018 national survey conducted on behalf of CareerBuilder by Harris Poll, 70% of employers use social media to screen candidates before hiring. While they may not be searching …
Read More »Update on Employment Background Screening Legislation
This post was originally posted on Scherzer.com “BAN-THE-BOX” List of jurisdictions is growing “Ban-the-box” measures, which generally prohibit employers from inquiring about a candidate’s criminal history (including performing background checks) until later in the hiring process, and impose significant compliance requirements, will soon be the norm rather than an exception. …
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