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pre-employment background screening

Change to “Accrual of Unlawful Presence” rule will make it tougher for employers to hire foreign students or exchange visitors

U.S. Citizenship and Immigration Services (USCIS) are changing how they calculate unlawful presence for students and exchange visitors in F, J, and M nonimmigrant status, who fail to maintain their status in the United States. Accrual of unlawful presence for more than 180 days bars reentry to the United States for three years (10 years…

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Target agrees to change pre-employment screening process

Last month, the NAACP reached a settlement with Target Corporation to resolve allegations that its criminal background check policy discriminated against African-American and Latino applicants. The civil rights group called the background check portion of Target’s pre-employment screening process “overly broad and outdated”. Previously, it has been suggested that the retailer discriminates against black and…

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Washington extends 'bans the box' laws to both private and public employers

On March 13, 2018, Washington Governor Jay Inslee signed into law the Fair Chance Act (HB 1298), extending ‘ban the box‘ jobseeker protections to cover the state’s public and private employers. The legislation prohibits employers from asking about arrests or convictions before applicants are determined otherwise qualified for a position. Washington becomes the 11th state…

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Reminder: New I-9 Form deadline approaching

As of September 18, employers must use a revised version of the Form I-9. The revisions were minor: USCIS changed the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, Immigrant and Employee Rights Section USCIS removed “the end of” from the phrase “the first day of employment” What is…

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Report: 96% of employers now conduct background screening

gauge their views on background screening. The survey indicated that 96% of employers conduct one or more types of employment background screening. The most prevalent check is some form of criminal history check. In addition, employers cited public safety as the #1 reason they conducted background screening, with 89% stating they conducted screens to protect…

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New study indicates false positives possible for hair drug tests

new study from Scientific Reports may have an effect on what kind of drug tests employers choose to use when screening potential employees for marijuana. The study, entitled “Finding cannabinoids in hair does not prove cannabis consumption,” shows that three cannabinoids — tetrahydrocannabinol (THC), 11-nor-9-carboxy-THC (THC-COOH) and tetrahydrocannabinolic acid A (THCA-A) — can be found…

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Why employers should drug test job applicants

can cost a business a lot of money. As already mentioned, accidents in the workplace may result in the company being sued by employees, and worker’s compensation will need to be paid out for any injured employee. A loss in employee productivity due to injury or distraction on the job can cause losses in company…

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Three ways forgoing criminal background checks can backfire

While some jobs require employees to pass all kinds of criminal background checks in order to begin work — jobs like teachers and police officers — other types of positions may not be so stringent. However, whether you think background checks are necessary or not, it’s always better to err on the safe side. This…

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41 NYC Council members want to end this pre-employment practice

bill to ban credit checks during pre-employment background screening, unless credit checks are required by federal or state law. Council member Brad Lander sponsored the bill — called the Stop Credit Discrimination in Employment Act — which argues that credit checks are more likely to screen out black and Hispanic applicants, even though there is…

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EEOC criminal background checks: Will the government organization be forced to disclose its policies?

In October, we published a post about the Equal Employment Opportunity Commission’s current battles with BMW Manufacturing and Dollar General, in which the two companies requested that the government organization share its own policies for conducting EEOC criminal background checks. The EEOC refused, arguing that its own policies have nothing to do with either of…

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