Background Check Blog

When it comes to finding the Oracle-integrated solution that works best for your needs, it’s easy to get overwhelmed by the options. As with any large-scale technology investment, it’s crucial to set the foundation for a successful implementation. That requires some homework. Here are a few tips for selecting the right Oracle partner.

Across the nation, state and local governments are adopting laws to prohibit employers from requesting salary history information from job applicants.    This legislation is the most recent measure to address and pay inequity, particularly among people of different genders, races and ethnicities. The theory is that workers who have experienced pay discrimination in the past will continue to do so, assuming the potential employer will base the applicant’s new salary off the previous salary and maintain a disparity in compensation. These new laws insist that salary should be determined by market factors alone.

New York State Attorney General, Eric Schneiderman, recently announced settlements with national retailers Big Lots and Marshalls, over “ban the box” violations in Buffalo. According to the AG’s press release, the investigation “found that both Big Lots and Marshalls had distributed applications for employment that made inquiries into the criminal history of prospective applicants at their Buffalo stores.  Both companies have agreed to take steps to ensure that such applications will not be made available to those seeking employment at those stores.  Those steps include new policies, training, and reporting to the Attorney General’s Office. In addition, Big Lots agreed to pay a monetary penalty of $100,000, and Marshalls will pay a penalty of $95,000, while simultaneously making affirmative efforts to recruit applicants with criminal histories through an organization with expertise in training formerly incarcerated individuals.”

As 2015 ended and a new year began, there’s been more “ban the box” activity. The term refers to the box on a job application form that asks, “Have you ever been convicted of a crime?” In December 2015, the National Employment Law Project (NELP) reported that over 100 cities and counties, as well as 19 states have adopted these policies “so that employers consider a job candidate’s qualifications first, without the stigma of a conviction record.”

As 2015 comes to an end, everyone is consumed with year-end activities. Corporate Screening’s partner, ERC, has put together a list of five essential activities to wrap up the year. These include:

On October 27, 2015, New York City’s Fair Chance Act will go into effect. This "ban the box" law prohibits most employers from asking about criminal history until after a conditional offer of employment is extended. In June and at the beginning of October, Corporate Screening published a couple of client alerts discussing the Fair Chance Act. With the law becoming effective on October 27, 2015, we wanted to share information by attorneys Pamela Q. Devata, Cameron A. Smith and Courtney Stieber at Seyfarth Shaw regarding best practices for complying with the New York City Fair Chance Act. They write:

Employers, here’s yet another reason to check your disclosure forms. A recent lawsuit claims that Chipotle violated the Fair Credit Reporting Act (FCRA) because it did not provide a FCRA-compliant disclosure regarding conducting background checks on job applicants, and did not provide them with a written summary of rights under the FCRA.