Are you an employer that conducts pre-employment background checks for new hires, or maybe background checks for existing employees for promotion, reassignment or retention purposes?  Ever randomly wonder if you can use that report and information in it for a purpose other than employment screening?  The short answer is, no.

The FTC recently posted on

Yesterday I attended an interesting webinar regarding Fair Credit Reporting Act (FCRA) developments.  Susan Camp Stocks from the Consumer Financial Protection Bureau (CFPB) and Katherine Ripley White from the Federal Trade Commission (FTC) participated, along with my colleagues Bob Belair and Kevin Coy. The speakers covered a fair amount of ground on different FCRA issues,

The Federal Trade Commission (FTC) has issued an updated guide for employers regarding compliance with the federal Fair Credit Reporting Act (FCRA) when conducting background checks, as well as the Equal Employment Opportunity Commission’s (EEOC) guidance on the use of criminal history records for employment screening under Title VII of the Civil Rights Act of

Today’s Wall Street Journal has an interesting article about “online sleuthing” and privacy concerns.  Employers use social media when screening candidates for employment and it’s no surprise that police and prosecutors use it as well to tell them something about someone, locate an individual or otherwise track them. Sometimes, law enforcement use social media by

Plaintiffs’ counsel have targeted a wide range of employment and tenant screening firms’ operations practices in recent litigation, alleging violations of state and federal requirements for user onboarding, report accuracy, file disclosures, data obsolescence, and data privacy requirements. Meanwhile, Federal Trade Commission enforcement actions and amicus briefs reveal important clues to agency thinking on obsolescence,

On July 16, 2014 representatives from three federal agencies will provide their perspective on current policies and best practices to reduce barriers to employment for individuals with past criminal arrests or convictions.   Although the webinar is targeted toward federal contracting officials, it is well worth your time if you are engaged in background screening operations

Starting November 1, 2013, employers in Seattle will need to comply with the new Chapter 14.17 of the Seattle Municipal Code regarding the use of criminal history records for employment screening purposes.  With some exceptions, if an employee is working within city limits at least half of the time, they will benefit from the new

Legislation has been introduced in New Jersey which will place restrictions on employers use of criminal history information when screening job applicants.  Similar to an ordinance that was recently enacted in Newark, New Jersey, the Opportunity to Compete Act (S. 2586/A. 3837) goes beyond a simple “ban the box” legislative effort.  Ban the box measures