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Background Checks

Background Checks: Best Practices & Legal Compliance

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Background Checks:
Best Practices & Legal Compliance

Don't end up like Pepsi...

Does your application or hiring process include background checks? Have you heard about the EEOC's guidance on the use of criminal background checks, but you don't understand how they fit into your background-check process?

After years of debate, the EEOC published controversial new guidance on employers' use of background-check policies and practices. Then it used those guidelines to file a series of important lawsuits alleging violation of federal discrimination law. Every employer needs to be in compliance.

Pepsi thought it was. The company believed it was using background checks in a nondiscriminatory way. But the EEOC saw things differently.

The result: Pepsi paid $3.2 million to settle an EEOC race-bias charge.

Don't wait for a lawsuit or EEOC charge to make sure you're in compliance. It's vital — for your company and your career — to get in line now with the EEOC's Enforcement Guidance on the Consideration of Arrests and Conviction Records.

With Background Checks: Best Practices & Legal Compliance, you'll discover:

  • The legal risks of background checks (both criminal and credit)
  • When, if ever, you can consider arrest records in hiring
  • The elements of a valid, legally compliant background-check consent form (the subject of almost all new FCRA class-action lawsuits)
  • How to comply with the EEOC guidance that you perform an "individualized assessment" on applicants screened out by background checks. Understand the 9 key factors to consider!
  • The most important takeaways from the new EEOC guidance

Bottom line: The EEOC says its new rules mean employers have no more excuses for making mistakes on criminal background checks … and the risks can be huge. Add to that the class-action plaintiffs' lawyers alleging violations of the FCRA, and you have quite a problem. Get in compliance now with Background Checks: Best Practices & Legal Compliance!

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