Articles and Blogs

Essentially all of our clients conduct pre-employment background checks on their employees. These background checks generally include a criminal history and license, certification and/or registration records. Sometimes these checks also include driving and/or credit records. All of these reports are considered “consumer reports” under the Fair Credit Reporting Act (“FCRA”) and, accordingly, clients who... READ MORE

“I want to be evaluated by a different hiring manager.” An African American submitted his résumé for a project manager position through a third-party recruiting firm.  He was subsequently contacted by the recruiting firm to discuss his candidacy and to complete a required assessment for the application process. However, by his own admission, he... READ MORE

E-Verify Is Down, but I-9s Are Up Employers who attempted to access E-Verify during the week of October 2 were stopped by the following error message: “E-Verify is currently unavailable due to a government shutdown.”  This error message raised several questions for employers, specifically whether Form I-9 requirements were suspended as well.  This concern... READ MORE

State Attorneys General Criticize EEOC Guidance on Criminal Background Checks Ever since the EEOC issued its “updated” Enforcement Guidance on the use of criminal background checks in April 2012, employers have struggled to understand exactly what could be asked and used in screening candidates for employment.  (See our article “Arrest and Conviction Records –... READ MORE

When EEOC’s Statistics Are Unreliable – Case Fails For many employers, conducting a criminal history or credit record check on a potential employee is a rational and legitimate component of a reasonable hiring process.  This is how a federal district court judge started his opinion that went on to rake the EEOC over the coals for... READ MORE

On March 8, 2013, U.S. Citizenship and Immigration Services (“USCIS”) released the long-awaited new Form I-9 for employers.  The new form is available here and features a newly-designed layout, more detailed instructions and additional data fields for completion.  Employers should begin using the new form immediately. Here is what’s new: READ MORE

A new Form I-9 was issued by USCIS yesterday, March 8, 2013.  The newly revised Form I-9 includes additional data fields, improved instructions and a new layout that expands the form to two pages.  Employers should begin using the new Form I-9 now.  However, there will be a 60-day grace period until May 7, 2013,... READ MORE

Background Checks and Notice Forms The Fair Credit Reporting Act (“FCRA”) imposes numerous notice obligations on employers who use third-party companies to conduct background checks on their employees and job applicants.  Among other requirements, all job applicants must be informed explicitly: 1) that a background check will be conducted on them; 2) given the opportunity... READ MORE

Resumé fraud.  Resumé padding.  Falsified job applications.  Call it what you like, but the topic has figured prominently in the media as of late due to the discovery that a CEO of an international internet company, allegedly embellished his resumé. READ MORE