Category: Employment Law

EEOC’s Update of the Use Of Criminal Records

The EEOC has updated their idea of  “Employer Best Practices” as outlined below:   VIII. Employer Best Practices The following are examples of best practices for employers who are considering criminal record information when making employment decisions. General •    Eliminate policies or practices that exclude people from employment based on “any” criminal record. •    Train […]

Attorneys go After Bad Background Checks

Dear readers: I came across this email pasted below and thought it is something you all should be aware of. Just when we thought it was safe to go back into the water, here is what I predict to be the first in a new area of Plaintiff’s pursuits: *************************Begin Law Offices of Devin H. […]

Lawson comments on the EEOC’s declared war on background checks

In the latest barrage of attacks against the Human Resources Management side of American business, the EEOC just levied a $3+ million fine against PepsiCo targeting discrimination in the background check process.  Here is yet another example of the EEOC singling out major companies to put forth its agenda of constructively terminating American business’s inalienable […]

Legal Use of Misdemeanor Records in California Hiring

by Thomas C. Lawson, CFE, CII I’ve been getting a few inquiries about a statement that was made during the PIHRA Legal Update wherein it might be misinterpreted that it is illegal to use misdemeanor records in California in the hiring process.   In fact, the law is clear: 432.7.  (a) No employer, whether a […]

Criminal Records Reported for 7 years?

Q: Background checks will only reflect history back 7-years, correct? Is that regardless of the “crime” even if there are felonies on the record, or are there exceptions? A: Well, there are a number of screening companies that ignore California Law , following only the Federal law which has lifted the time requirement.  California is […]

Why Companies Should Do Employment Verification

by Thomas C. Lawson, CFE, CII For many companies, referencing evokes more emotions that a hangover.  Why you ask?  Because the sheer nature of verifying employment, or education, or attempting to make contact with those dreaded former supervisors, co-workers or friends can take such inordinate amounts of time that one regularly wonders if it is […]

Friday January 13th, 2012 in Employment Law, Human Resources | No Comments »

Are people’s social media accounts checked in employment screening?

by Thomas C. Lawson, CFE, CII As a Consumer Reporting Agency, APSCREEN is not authorized by law to purvey unverified information. APSCREEN has long led the fight against the use of Social Media in the hiring context for several reasons: a.       No consent is usually given to use Social Media by the candidate, unless an […]

Thursday January 12th, 2012 in Employment Law, Human Resources | No Comments »

Exceptions to the 7-year criminal history rule

by Thomas C. Lawson, CFE, CII Well, there are a number of screening companies that ignore California Law, following only the Federal law which has lifted the time requirement.  California is special in that it maintains a 7-year reporting limit on convictions and a violation of that rule is a big deal! One other thing […]

California AB 22 and the Use of Employment Credit Reports

A Case for Candidacy Determinant in the Wake of Bad Legislation by Thomas C. Lawson, CFE, CII As someone who has been in the employment screening and credit reporting business since 1980, I have seen just about every attempt possible to thwart the use of credit reports in various settings as a candidacy determinant – […]

What happens to your business if AB 22 passes and is signed?

by Thomas C. Lawson, CFE, CII Well, for us, not much because the language is vague enough, and the justification for the use of the report easy enough so that those who presently use credit reports in the employment context can easily justify their continued use. Also, like any law of this type, it is […]