Fair Credit Reporting Act (FCRA)

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    Federal law imposes strict limits and disclosure requirements on an employer’s use of credit and consumer reports in making hiring decisions. The FCRA applies any time employers decide to use a third party to investigate and do background checks on applicants instead of investigating them on their own. The law specifically covers two kinds...

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    Identity theft is a really hot topic not only in Congress but also in state legislatures across the country. In December 2003, Congress passed the Fair and Accurate Credit Transactions Act (FACT Act), which, among other things, requires employers to protect consumer information that is being discarded or disposed of. Many states also have...

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    Consider this scenario: A good employee loses his job through no fault of his own and falls behind on payments, causing his credit history to take a beating. Later, that same employee learns that his less-than-stellar credit history is affecting his hirability. But is that really happening? Employers defending the use of credit background checks...
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    Considering using Google™ or blogs like Facebook, Linkedin® or Twitter to investigate an employee's or job applicant's background? Done correctly, background checks can be an effective way to uncover dishonest applicants, prevent negligent hiring claims and even prevent workplace violence. But investigating online for credit checks and...
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    Considering using Facebook or MySpace to screen a job applicant? Use caution before digging online into an applicant's background. Done incorrectly, a background check can land your organization deep in a legal quagmire. Then again, if you don't investigate a prospective employee, your organization could be slapped with a negligent hiring suit --...
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