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How do background checks work?

By on August 6, 2019

Employers want to hire the least-risky candidates i.e., candidates with favorable criminal, civil, and credit histories. Employers go as far as checking the social media accounts of prospective employees just to see if they can find evidence that suggests they aren’t good employees. Some may conduct background checks internally or hire companies to conduct the checks on their behalf. Most of these companies take background checks, further uncovering information unlawfully.  Background checks are supposed to be conducted lawfully in accordance with FCRA guidelines. As mentioned above, background checks must be authorized by the subject. They should also withhold information such […]

What does an employer look for in a background check?

By on August 6, 2019

Knowing what employers look for precisely in pre-employment background checks is important for preparing for job application. Most employers look for: Criminal history Inconsistencies in job applications and resumes  Credit history  Driving records  Civil history  Criminal history  Employers are particularly interested in your criminal record before they offer you a job. In fact, criminal background checks are the cornerstone of most employment-related background checks. Employers want to know if potential employees have any “skeletons” in their closet. Most employers are concerned about violent offenses, sex crimes, embezzlement, or fraud. They want to know if you have been convicted for crimes […]

How far back do background checks go?

By on August 6, 2019

The FCRA dictates how far background checks go. Employers, among other institutions that carry out background checks for purposes of pre-employment screening must follow strict rules. Some of the FCRA limits placed on background reports include: Tax liens, accounts in collection, civil suits and judgments can’t be reported if they are 7 or more years old  Bankruptcies that are 10 years or more can’t be reported  Expunged felonies/criminal cases can’t be reported/revealed unless by court order.  How far back does a criminal background check go?  Criminal background checks aren’t restricted by a federal act. For this reason, criminal convictions that […]

What shows up on a background check?

By on August 6, 2019

The information found in a background check is dependent on the type of background check in question. Each background check uncovers different types of personal background information. Since information uncovered in background checks is very sensitive, it is subject to privacy protection regulations. Background check information falls under the FCRA (Fair Credit Reporting Act) with requirements on how such information is handled by employers specified by the EEOC. [1] Retention and sharing of background information is also subject to some additional local and state guidelines.  What shows up in criminal background checks?  Almost all background checks will investigate an individual’s […]

What is a background check?

By on August 6, 2019

A background check is a process of searching and compiling the employment history, commercial records, criminal records, and/or financial records of a person or organization. The legitimacy, frequency, and  purpose of background checks vary between, industries, countries, and individuals. The method used to conduct a background check can also vary. For instance, a background check can involve personal references to comprehensive database searches. Also, there are several types of background checks.  The most common types – employee background checks are usually requested by employers for employment screening purposes, especially on job candidates seeking employment positions that demand a high level […]

How Long Does a Background Check Take?

By on August 6, 2019

There is no single or distinct answer to the above question given there are different types of background checks. Furthermore, the same kind of background check can take different times to complete because of various factors ranging from the type of information being sought after to technicalities, such as wrong names and legal requirements. In general, checks on an individual’s criminal record can take a few hours to several days. The time varies depending on the legal procedures as well as the number of results. A typical background check on a person’s employment and educational history can take several days […]

What types of claims can an employee allege in a DFEH Complaint?

By on July 29, 2019

Types of Protections:  Employers that are subject to the Fair Employment and Housing Act are prohibited from discriminating against any person with respect to hiring, firing, compensation, and virtually all terms, conditions, and privileges of employment. Thus, in the absence of a valid defense, such employers will be liable if they discriminate on the basis of any of the following: race;  color;  national origin; ancestry;  sex (including breastfeeding or medical conditions related to breastfeeding); gender (including a person’s gender identity and gender expression); pregnancy, childbirth, or related medical condition; marital status;  religious creed; physical disability;  mental disability;  medical condition (any […]

Which Employers Are Covered by the Fair Employment and Housing Act?

By on July 29, 2019

A Majority of Employers Are Covered The Fair Employment and Housing Act creates a comprehensive coverage to protect against employment discrimination by protecting and safeguarding the right and opportunity of all persons to seek, obtain, and hold employment free from discrimination. It requires employers to treat all individuals equally by evaluating each person on the basis of individual skills, knowledge, and abilities and not on the basis of characteristics generally attributed to a group protected by the law. Its monitored and enforced by the Department of Fair Employment and Housing (“DFEH”). The Department of Fair Employment and Housing is authorized […]

Types of Remedies For Employee After Filing DFEH Complaint

By on July 29, 2019

Remedies in Actions by the California Department of Fair Housing and Employment Remedies can include a requirement that the employer conduct training for all employees, supervisors, and management on the Fair Employment and Housing Act’s requirements, the rights and remedies of those who allege violations, and the employer’s internal grievance procedures. In addition, a court may assess against a defendant a civil penalty of up to $25,000 to be awarded to a person denied any right. (Section 51.7 of the Civil Code.32 (h)).  Exhaustion of Administrative Remedies The Fair Employment and Housing Act forbids unlawful employment discrimination and creates an […]

Statute of Limitations to file a DFEH Complaint

By on July 29, 2019

Timing of California Department of Fair Employment and Housing Act Complaint(s) A complaint generally must be filed within one year from the date upon which the alleged unlawful practice occurred. Nevertheless, the one-year period may be extended for an additional 90 days if the person alleging to be harmed first obtains knowledge of the unlawful practice more than one year from the date of their occurrence. The statute of limitations generally begins to run at the time the action in question takes effect. Chronology of DFEH Complaint Process The following is a summary of some of the principal time constraints […]

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