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What Employers Need to Know A joint publication of the Equal Employment Opportunity Commission and the Federal Trade Commission When making personnel decisions - including hiring, retention, promotion, and reassignment - employers sometimes want to consider the backgrounds of applicants and employees.
That includes discrimination based on race, color, national origin, sex, or religion; disability; genetic information including family medical history ; and age 40 or older.
In addition, when you run background checks through a company in the business of compiling background information, you must comply with the Fair Credit Reporting Act FCRA. This publication explains how to comply with both the federal nondiscrimination laws and the FCRA.
For example, asking only people of a certain race about their financial histories or criminal records is evidence of discrimination. FTC If you get background information for example, a credit or criminal background report from a company in the business of compiling background information, there are additional procedures the FCRA requires beforehand: Tell the applicant or employee you might use the information for decisions about his or her employment.
This notice must be in writing and in a stand-alone format. This can be part of the document you use to notify the person that you will get the report.
Certify to the company from which you are getting the report that you: Using Background Information EEOC Any background information you receive from any source must not be used to discriminate in violation of federal law.
This means that you should: Apply the same standards to everyone, regardless of their race, national origin, color, sex, religion, disability, genetic information including family medical historyor age 40 or older.
Take special care when basing employment decisions on background problems that may be more common among people of a certain race, color, national origin, sex, or religion; among people who have a disability; or among people age 40 or older.
For example, employers should not use a policy or practice that excludes people with certain criminal records if the policy or practice significantly disadvantages individuals of a particular race, national origin, or another protected characteristic, and does not accurately predict who will be a responsible, reliable, or safe employee.
In legal terms, the policy or practice has a "disparate impact" and is not "job related and consistent with business necessity. For example, if you are inclined not to hire a person because of a problem caused by a disability, you should allow the person to demonstrate his or her ability to do the job - despite the negative background information - unless doing so would cause significant financial or operational difficulty.
FTC When taking an adverse action for example, not hiring an applicant or firing an employee based on background information obtained through a company in the business of compiling background information, the FCRA has additional requirements: Before you take an adverse employment action, you must give the applicant or employee: By giving the person the notice in advance, the person has an opportunity to review the report and explain any negative information.
After you take an adverse employment action, you must tell the applicant or employee orally, in writing, or electronically: Disposing of Background Information EEOC Any personnel or employment records you make or keep including all application forms, regardless of whether the applicant was hired, and other records related to hiring must be preserved for one year after the records were made, or after a personnel action was taken, whichever comes later.
The EEOC extends this requirement to two years for educational institutions and for state and local governments. If the applicant or employee files a charge of discrimination, you must maintain the records until the case is concluded.
However, the law requires that you dispose of the reports - and any information gathered from them - securely. For more information, see "Disposing of Consumer Report Information?
The EEOC investigates, conciliates, and mediates charges of employment discrimination, and also files lawsuits in the public interest. For specific information on: Medical inquiries during employment: Genetic inquiries, including inquiries about family medical history: Part at www.
Using arrest and conviction records to make employment decisions: Whether arrest and conviction records act as an automatic bar to all employment: Background on the EEOC for small businesses: Small Business Information, www.
FTC To find out more about federal laws relating to background reports, visit www. For specific information on employment background reports, see: What Employers Need to Know at www.Opportunity Commission.
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EEOC Resources. Small . 1. A business opportunity involves the sale or lease of any product, service, equipment, etc. that will enable the purchaser-licensee to begin a business. A joint publication of the Equal Employment Opportunity Commission and the Federal Trade Commission when you run background checks through a company in the business of compiling background information, you must comply with the Fair Credit Reporting Act (FCRA).
Criminal Histories and Employment Background Checks at yunusemremert.com A joint publication of the Equal Employment Opportunity Commission and the Federal Trade Commission. when you run background checks through a company in the business of compiling background information, you must comply with the Fair Credit Reporting .
Small Business Requirements. As a small business owner and an employer you may have legal responsibilities under the federal employment anti-discrimination laws..
Below you will find the information you need to determine whether the anti-discrimination laws apply to your particular business and if they do, what you need to know!
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7. What is the company's profit ratio to sales; to time and service.