Background Checks Federal Trade Commission

News & Analysis as of

Employment Law Reporter – August 2015

THE INCREASING DANGER OF BACKGROUND CHECKS - New Laws and Emerging Privacy Rights Complicate an Already Difficult Process. The intersection of privacy laws and employment practices can be a dangerous one. Employers...more

Notice versus Strict Procedures – Section 613

Section 613 of the Fair Credit Reporting Act (FCRA) requires that consumer reporting agencies (CRAs), when reporting a consumer report for employment purposes which contains public record information, which are likely have an...more

Employer Risks in Using Employment-Related Criminal Background Checks

Use of employment-related background checks by employers to discover information about the work history, education, criminal record and financial history of job applicants has become ubiquitous. In one recent survey of...more

Proper Disposal of Background Check Reports

A recent blog posting by the Federal Trade Commission (FTC) on data retention and disposal practices is the genesis of this blog. The posting talks about the importance of having a plan in place due to the potential that a...more

FTC Comments and Background Screeners

I recognize this is a few days late, but the content is still timely. Last month I attended the NAPBS Mid-Year Conference in Washington, DC both as an attendee and speaker. One session of particular interest to me was...more

FTC-EEOC Publication for Employment Screening

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...more

Employers Running Background Checks: Top 10 Tips to Avoid Joining the Fair Credit Reporting Act Litigation “Club”

What do Whole Foods, Chuck E. Cheese, Michael’s Stores, Dollar General, Panera, Publix, and K-Mart have in common? Each of these companies has faced lawsuits (including class actions) under the Fair Credit Reporting Act...more

FTC Issues Another Guide on Background Checks

As we reported in our prior alert, in March of this year, the Federal Trade Commission (“FTC”) issued a short brochure—Background Checks: What Job Applicants and Employees Should Know—on the use of background checks in hiring...more

Publix to Pay $6.8 Million Settlement over Noncompliant Background Check Forms

If your company’s background check disclosure form includes a release of liability, take it out. Less than a year after a federal district court in Pennsylvania ruled that Closetmaid violated the Fair Credit Reporting...more

Background Checks: Back to Basics

Recently two federal agencies, the Equal Employment Opportunity Commission (EEOC) and Federal Trade Commission (FTC), issued joint guidance on job applicant and employee background checks and "What Employers Need to Know."...more

Employment Background Checks: Tips Employers Should Know to Comply With Federal Laws

Many employers rely on background checks to screen job applicants and employees when making important personnel decisions, including hiring, retention, and promotion. In March, the Equal Employment Opportunity Commission...more

eTrends - EEOC and FTC Issue Joint Guidance on the Use of Background Checks for Employment Purposes

The Equal Employment Opportunity Commission (“EEOC”) and the Federal Trade Commission (“FTC”) issued joint guidance last month on the use of background checks for employment purposes. Two publications were released. One...more

New Guidance on Background Checks Issued by the FTC and EEOC

Last month, the Federal Trade Commission (FTC) and the Equal Employment Opportunity Commission (EEOC) issued joint guidance addressing the use of background checks in employment decisions. The guidance does not offer new...more

Employment Law Reporter – April 2014

In This Issue: Pre-Hire Peril: Avoid Self-Sabotage Through Background Checks: In a joint publication of the Equal Employment Opportunity Commission and the Federal Trade Commission, these federal agencies have...more

EEOC and FTC Issue Guidance on Employment Background Checks

On March 10, 2014, the Equal Employment Opportunity Commission (EEOC) and the Fair Trade Commission (FTC) released joint guidance documents that explain respective duties and rights for employers and employees in regard to...more

EEOC and FTC Issue Joint Publications on Background Checks

On March 10, 2014, the U.S. Equal Employment Opportunity Commission (EEOC) and the Federal Trade Commission (FTC) jointly released two pamphlets on the use of background checks in the workplace: (a) one directed at employers...more

Not-So-Unlikely Bedfellows? The FTC and the EEOC Join Forces to Issue Guidance on Employment Background Checks

For the first time, the Federal Trade Commission (FTC) and the Equal Employment Opportunity Commission (EEOC) have worked together to publish two guidance documents about employment background checks. One document,...more

FTC and EEOC Issue Joint Guidance on Employer Use of Background Checks

A new joint publication of the Federal Trade Commission (FTC) and Equal Employment Opportunity Commission (EEOC) serves as a reminder to employers of the risks that come with the use of background information when making...more

Did You Know...New Informal Guidance From EEOC & FTC Re Background Checks

As we recently reported at our annual employment law update, additional restrictions are being placed on the use of background checks in light of the potential for disparate impact and invasion of the right to privacy....more

Background Check Guidance from the FTC and EEOC

On March 10, 2014, the Federal Trade Commission ("FTC") and the Equal Employment Opportunity Commission ("EEOC") jointly issued two short guides on the use of background checks in hiring and personnel decisions. Generally...more

New Guidance for Employers Conducting Background Checks

Employers who investigate workers' criminal or credit backgrounds may want to review federal guidelines released March 10. The joint publication of the Federal Trade Commission and the Equal Employment Opportunity...more

EEOC and FTC Offer Joint Tips on Use of Employment Background Checks

User-Friendly Documents for Employers, Job Applicants, and Employees Explain Laws Governing the Acquisition and Use of Personal Background Information - WASHINGTON - The U.S. Equal Employment Opportunity Commission...more

Background Check Forms Face Increased Scrutiny in Federal Court

Businesses should check their background check consent forms and their pre-adverse action waiting periods, after a recent federal court decision out of Pennsylvania. ...more

Employers Faced January 1, 2013, Deadline to Update Fair Credit Reporting Act Notice

Originally published in SC Bar's Employment and Labor Law Newsletter: Winter 2013 on February 15, 2013 Effective January 1, 2013, there was a new form that employers must provide prospective or current employees when...more

Despite Continuing Grace Period, Employers Should Switch To New Fair Credit Reporting Act Notices Now

Under the Dodd-Frank Wall Street Reform and Consumer Protection Act, Congress transferred rule-making authority for the relevant portions of the Fair Credit Reporting Act (FCRA) from the Federal Trade Commission (FTC) to the...more

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