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Showing posts with label background checks. Show all posts
Showing posts with label background checks. Show all posts

The show must go on: Judge 'em for their talents, not their financial trip-ups

Sure, there was a time when she thought she could be a rock star. But the only thing that rose to the heights of her imagination was her credit card debt. Hey guitars and amps are expensive … and she really thought that next gig would be her ticket to stardom.

Her life looks a lot different now. All those unpaid bills – and her rock-star dreams – are both things of the past. Yet her previous credit history haunts her like that horrible performance in Poughkeepsie. Should her previous financial flops keep her from getting a job now?

Some employers say yes. And some legislators are out to change that.


Approximately 13 percent of employers surveyed by the Society of Human Resources Management (SHRM) said they run credit checks on all job applicants - with another 47 percent considering credit history.

Employers say they run checks to learn more about an applicant’s honesty and sense of responsibility. Lawmakers say the practice is unnecessary and keeps people in debt because their past financial problems prevent them from obtaining work.

Currently, lawmakers in at least 16 states have proposed outlawing credit checks. And late last month, the EEOC held a public meeting to address the use of credit history as a screening tool. With unemployment reaching such high levels throughout the country, there's growing concern that credit checks are unfairly excluding certain applicants from legitimate job opportunities. (Keeping our aspiring performer from earlier singing the blues when she should be pulling in a steady paycheck.)

Representatives from a variety of stakeholder groups shared their views at the public meeting. Chi Chi Wu of the National Consumer Law Center (NCLC), for instance, explained that credit histories create a “fundamental Catch-22” for job applicants during this time of high unemployment and high foreclosures. She adds: “You can’t re-establish your credit if you can’t get a job, and you can’t get a job if you’ve got bad credit.”

Other concerns expressed in the meeting are that credit checks:

• can negatively impact certain protected groups, including women and people with disabilities;
• are a poor, or unreliable, predictor of job performance; and
• are often inaccurate or riddled with errors.

It will be interesting to see how this issue plays out in the coming months. Personally, I feel that there a lot more reliable indicators of an applicant’s skills and trustworthiness than their credit history. I also know too many solid, hard-working professionals who fell victim to the real estate bust and economic downturn … and whose financial challenges play no part in their “hireability.” These people are not washed-up rock stars who need to turn in their mics and guitars.

In the meantime, remember that the Fair Credit Reporting Act (FCRA) requires employers to obtain an applicant’s written consent before requesting a credit report. And if you decide not to hire or promote someone based on details in the report, you must provide a copy of the report and let the applicant know of his or her right to challenge the report.
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MySpace and hiring: Convenient, but risky

Tempted to use MySpace or Facebook to do a little research on a potential job candidate? You may want to think twice.

Some experts advise using extreme caution when using social networking sites to learn background information on a candidate. Others recommend staying away from the sites completely.

On anyone’s MySpace profile you can usually find out that person’s gender, relationship status, sexual preference, home town, age, religion and how many children they have. The problem is that all of these topics should be off-limits during the interview process.

Making a hiring decision based on any of the topics just mentioned would be considered discriminatory and could potentially land your company in some legal hot water.

The California Labor & Employment Defense Blog has a full run down of legal issues to be aware of when using the Internet to research job candidates and current employees. Here’s a summary of just a few:

Invasion of privacy. Some social networking state in their terms of service agreements that it is unlawful to use profile information for employment decisions.

State protected privacy. California and New York currently have statutes prohibiting employers from interfering with employees’ private lives outside of work.

Discrimination. Even if an employer came across the information unintentionally, it is unlawful to deny employment based on protected topics such as age and gender.

Take a look at the full post for a complete overview.
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Criminal History — A Hiring Deal Breaker?

Has this ever happened to you? You think you've found the perfect candidate for an open position — but when you settle down to take a better look at the application you discover that the criminal conviction question has been checked “yes.”

OR you get deeper into the process, run a background check and a prior conviction shows up. What do you do when you discover a candidate has a criminal history? Pass over this person automatically? Hire them and hope for the best?

We all know that our justice system deems us "innocent until proven guilty." That is why we base decisions on conviction records rather than arrest records. Also...and here's where it gets sticky...it's a sad but true fact that minorities are arrested at a higher rate than non-minorities. So, not hiring a candidate based on arrest record alone could prove to be discriminatory.

In my case, half the time I've hired the person and the other half, I haven't. I take into consideration whether or not the applicant was truthful on the application (I personally don't hire if he/she is not), the nature of the crime (peace protest or murder conviction) and how recently it was committed. I also consider whether or not the offender might be a risk in my particular workplace.

Of course, the final decision is yours. Just keep in mind you'll need to comply with "pesky little issues" such as negligent hiring, the Fair Credit Reporting Act and any applicable state laws regarding background checks and permissible questions on applications.

- Maurice Rosenberg, Human Resources Manager
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