The beginning of the year always calls for the “top trends” lists. From fashion to investments, there are developments to watch for. What about your employees? How much do you know before you hire?
1. Social Media: Using social media to screen candidates is easy but still risky. Sure it’s great if used as a supplement to your employee screening processes, but in 2015 it will continue to be risky for employers. Exposure to a candidate’s social media outlets opens the door to legal pitfalls. Potential issues relating to discrimination and privacy may arise.
2. FCRA: FCRA class-action lawsuits increased last year which means they will most likely continue to rise in 2015. Common FCRA violations are associated with improper adverse action procedures and legally required disclosures. Plaintiff lawyers are becoming more and more versed in background check issues, in turn, increasing lawsuits. Employers and consumer reporting agencies (CRAs) must continually keep abreast of regulatory changes and uphold compliance.
3. Data and Privacy: More data, more exposure. Data is becoming increasingly available which means issues with discrimination and privacy will increase. CRAs and employers must ensure taking every measure to protect consumer information with up to date technology and current processes.
4. Ban the Box: Talk about making this complicated. In the past few years, there has been an increase in ban-the-box legislation. This law prohibits employers from putting a “box” on employment applications asking candidates if they have ever been convicted of a crime. Ban-the-box protects ex-offenders, and doesn’t exclude them from moving through the hiring process because of a criminal record. Most ban-the-box laws apply to public employers or government contractors. The complication arises where some private employers in certain states, cities, or counties also have ban-the-box laws. This becomes increasingly difficult to manage for national organizations or those that operate in regions where the law applies. Although these laws are intended to increase employment opportunities for some, employers may fail to fulfill their obligations to protect their customers and business and end up with negligent hiring lawsuits.
5. The candidate’s experience: Here’s a game changer. Improving the candidate’s experience during the screening process can be less expensive to employers and empower candidates. With advanced technology communication tools such as applicant-facing tools, candidates are guided through the screening procedures and gain the ability to manage the process themselves. Keeping candidates informed, increases communication between applicants and employers; thus creating an additional avenue to ensure a sound background screening process.