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Monday, January 30, 2023

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Question: Is it Risky for Employers to Look at Prospective Employee’s Social Media Profiles? Answer: Not if Utilizing a Compliant Social Media Screening Solution!

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The challenge in considering social media information in the hiring process, is knowing what information you can use to make hiring (and firing) decisions without running the risk of discrimination claims.  Broadly screening social media can be problematic because information found online can carry legal risk and may not even be true.  However, according to a recent research report by the Society for Human Resource Management (SHRM), 76% of companies said that they do use or are planning to use social media sites for recruiting. More than half of the employers responding said that social networking sites are an efficient way to recruit candidates.

Background Check Disclosures Still Being Litigated. So Far - This is a Very Hot Employer Topic of 2019!

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OPENonline has posted multiple times about the current litigation frenzy surrounding employer background screening disclosures. But the language included in disclosures is already shaping up to be one of the hottest employer litigation topic of 2019.

Case in point is the recent Ninth Circuit ruling in Gilberg v. California Check Cashing Stores, LLC, No. 17-16263, 2019 WL 347027 (9th Cir. 2019). Since the decision on January 29, 2019, we haven’t been able to count the slurry of articles, emails, and posts covering the ruling.

Retail giant Walmart faces a class action lawsuit alleging Fair Credit Reporting Act violations by conducting unauthorized background checks. The class could cover as many as 5 million applicants!

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In recent months, we have seen a large uptick in FCRA class action lawsuits. If you are subscribed to our mailing list then you may recall the Stanford class action filed in October 2018, the PetCo class settlement in November 2018, and the Delta Airlines proposed settlement earlier this month. We can now add another to the list and this one is, by far, the largest FCRA class action we’ve seen in recent memory.

Year End Review of Employment Background Check Policies

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What information matters? What processes are important? Although background checks are becoming standard protocol before an applicant is hired, it’s important to ensure absolute diligence in a few key areas.  With the new year around the corner it’s a great time to review the policies and procedures you have in place now and modify them if necessary.

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