Background Checks: Best Practices....................

Background Checks:
Best Practices & Legal Compliance

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. Kmart also thought it was in compliance, but it was hit with a class-action lawsuit alleging violations of background-check laws including the federal Fair Credit Reporting Act. The result: Kmart paid a $3 million settlement.

The list of well-reported companies continues to grow… will you be next?

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.

Employee Handbooks: Required Changes for 2015 and the 12 Most Common Mistakes

Employee Handbooks are used throughout all industries to orientate employees about company policies and workplace rules.   However HR managers responsible for writing or creating these manuals can make errors in their interpretation of employment statutes. please read this short column regarding EM's.  You may pick up a few poniters from the bulleted items.

If your employee handbook hasn't been updated in the past six months, it's out of date. For example:

• Is your at-will statement an invitation to a massive NLRA lawsuit (based on the surprising NLRB ruling)?
• Do you realize that you can't prohibit discussions on pay and benefits?
• Have you provided clear rules on overtime and off-the-clock work?
• Have you updated your FMLA policy to reflect same-sex marriage couples' rights to FMLA leave? Do you know which same-sex marriages are considered valid?
• Have you changed your handbook to reflect the latest DOL rules on nursing mothers?
• Have you updated your leave policies to include time off for employees with relatives in the military … or to prohibit moonlighting while on FMLA leave?
• Have you changed your ADA reasonable accommodations policy to include accommodating pregnant employees?
• Do you have a loyalty, no-gossip or civility statement that could land you in court?

Your employee handbook can be an invaluable organizational tool … or an employment lawsuit waiting to happen. And in recent years, Congress and state legislatures have been busy enacting laws that directly affect your employee handbook. If you haven't kept up, you could find yourself in court.