The EEOC charge against employers for misusing credit reports and criminal conviction searches in making employment decisions is becoming more and more frequent. I thought these types of EEOC actions against employers in this area would have been the most frequent. Recently I learned that retaliation charges against employers are the most frequent. For the […]
Job Descriptions and Background Investigation Policy
How Is a Job Description Related to Background Investigations? (Need help developing a job description? See below!) The first step in filling a position in the organization is determining the position description. At the same time that the position description is selected or drafted, the employer should consider whether there are requirements (e.g., statutes or […]
Don’t Use Drug Tests to Manage Anticipated Poor Performance
Dura Automotive Systems (Dura) used drug test results to manage “anticipated” poor performance of employees operating machinery. We believe that Dura made a number of mistakes that we would like to highlight in this post. The entire case can be read here. First, some Background from the Bates v. Dura Automotive lawsuit: “In 2007, Dura […]
Who Is Checking Volunteers?
Many firms are concerned about the backgrounds of individuals being considered for employment. And, that is rightly so. But, how many firms are concerned about the background of volunteers? It can be as important to investigate individuals being considered for volunteer activities with your organization. Volunteers typically interact with the more vulnerable members of our […]
Is It Rime to Re-Think Your Drug Testing Policies?
Companies should carefully consider their drug testing policies when implementing a drug testing program in the hiring process. Some jurisdictions are now considering limiting any type of drug test to post-offer. One such jurisdiction is Washington D.C. We have always suggested that testing for the illegal drugs can be performed on a pre-employment basis. Now […]
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