Archive for November, 2008

ADA Regulations for Acceptable Interview Questions for Disabled Applicants

Posted By Cindi

Date: November 27th, 2008

Until a job offer is made, an employer cannot ask questions related to a disability, nor can a medical examination be performed. All questions on both the application and during an interview should focus on non-medical job qualifications, education, and employment history. It is acceptable to ask a disabled applicant if they can meet the job’s essential requirements and duties. You may also ask why they left a previous job, about any past discipline, and how much time they took off in a previous position (but not the reasons). You may not ask about prior worker compensation history, use of medication, any question about their impairment, or how they became disabled. A person with a disability can be asked if they will need a reasonable accommodation to perform the job being applied for.

Deter Dishonesty by Advertising Pre-Employment Screening

Posted By Cindi

Date: November 15th, 2008

The expected benefit of background screening applicants is to prevent hiring someone with a dangerous criminal background, or perhaps to uncover dishonest resumes. By advertising that you will use background screening as a normal part of your hiring process, you can gain an additional benefit. Known criminals will be reluctant to even apply for the job, and applicants are much more likely to provide a complete and truthful application or resume. This will obviously save time and money in an employer’s hiring process, before they even being reviewing applications!

Useful Links

Posted By Cindi

Date: November 14th, 2008

Fair Credit Reporting Act (FCRA) Text

Read the complete text of the FCRA here:

ADA (Americans with Disabilities Act) Information

ADA Responsibilities of the Employer

Posted By Cindi

Date: November 12th, 2008

The Americans with Disabilities Act has the goal of providing equal access and opportunities to individuals with disabilities; it is not meant to give unfair advantage to the disabled. Employers are not required to hire a disabled person over a more qualified applicant. It is important for employers to be sure to provide equal opportunity to those with disabilities to both apply for, and work in, jobs for which they are otherwise qualified. It is also mandatory to provide disabled employees equal access to the benefits and privileges as other employees (including such things as training and health insurance), to assure the disabled are not harassed because of their disability, and to provide equal promotion opportunities for all employees without regard to disability.

Not Just Credit Reports Regulated by FCRA (Fair Credit Reporting Act)

Posted By Cindi

Date: November 10th, 2008

FCRA (as the name implies) covers credit reporting, but it also sets standards and guidelines that affect the information gathered about applicants for employment. All ‘consumer reports’ relating to ‘character, general reputation, personal characteristics, and mode of living’ about an individual are regulated by the federal FCRA. Most background reports prepared by a third party consumer reporting agency thus fall under the regulation of the FCRA.

Background Screening Information Disposal

Posted By Cindi

Date: November 8th, 2008

According to FACTA (the Fair and Accurate Credit Transactions Act of 2003), all credit and background screening report information must be disposed of properly. To properly dispose of this type of information, paper records must be shredded or otherwise destroyed in such a way that there is no way to reconstruct the information. Any such information stored on a computer must be completely erased before that computer is sold, donated, or disposed of.

Get a Disclosure from Applicants Before Checking Background

Posted By Cindi

Date: November 6th, 2008

Under the Fair Credit Reporting Act (FCRA), applicants must sign a disclosure authorizing you to perform a background check. The FCRA regulates all consumer reports, not just credit reports. Additionally, the laws differ from state to state about what can be included in a background report, as well as how that information can be used in the screening process. It’s important to consult with your attorney, or hire a screening company with experience in your state, before you begin checking applicants’ backgrounds.

Why Should I Use Background Screening as a Part of Reviewing Applicants for a Job?

Posted By Cindi

Date: November 5th, 2008

Category: FAQs

Some of the top reasons for using background screening are:

  • It is critical to know who you are hiring if that employee will be handling the personal data of others. This becomes a factor if your business deals with financial or health information for customers because you must comply with electronic data privacy requirements.
  • If you do not check an applicant’s background and suitability for a specific job, and that employee later causes injury to another person, you open yourself up to a negligent hiring lawsuit.
  • A background check, including credit information, is simply a good way to review the reliability of that applicant. Do remember, thought, that you cannot refuse to hire simply based on the fact a person has filed bankruptcy.

A Review of How the ADA Affects Your Business

Posted By Cindi

Date: November 5th, 2008

The Americans with Disabilities Act (ADA) is a federal civil rights law designed to assist individuals with disabilities to integrate into mainstream society and to prevent discrimination against them. The EEOC (Equal Employment Opportunity Commission) handled the enforcement of ADA regulations. All businesses with 15 or more employees must comply with the ADA, which protects every person with a physical or mental impairment that substantially limits one or more major life activities (such as sleeping, standing, or sitting), or who has a record (perhaps in the past) of such a substantially limiting impairment, or who is treated or regarded by the employer as though they have that impairment (such as the employer having the fear of hiring a person who has had cancer but is now in remission because there might be a recurrence). Only a person who is otherwise qualified for the job is protected by the ADA. The employer is not required under the ADA to hire a person with a disability over a more-qualified person.