Every year, the background check industry, along with the companies who utilize employment screening companies have to make changes to their policies and procedures due to changes in employment law.  This past year has been no different.  Whether it is the EEOC creating a new guidance for employers to follow or local and state government creating new laws surrounding fair hiring practices, there are always trends that cause confusion for employers.  As always, PeopleG2 will be here to assist it’s clients and potential clients with understanding any changes that might come.

In 2013, there was an increase in litigation brought forth by employees against employers, as well as attempts by the EEOC to convince the FTC to levy fines against companies for violating employee rights.  In some cases, these lawsuits brought by the EEOC were dismissed due to lack of evidence, but they did prove to employers that things need to be done right and according to law, or litigation is a very real possibility. 

Some of the other top items for 2013 that impacted employers were new E-Verify State Laws (limited in scope), the Ban the Box movement (limited in scope), and the updated EEOC Guidance on criminal records to prevent discrimination in the hiring process.  Of these three, the EEOC Guidance and the Ban the Box movement have caused the most headaches for employers, as many have had to re-think or adjust their way of screening candidates.  The EEOC Guidance, like other ones that have been created, have made employers more wary about dismissing a candidate, but creates opportunities for those where previously there may not have been.  The Ban the Box movement continues to grow, as more states take this on as a fair employment practice.

It’s unclear where 2014 will take us, however, many of the issues mentioned above will continue to permeate through the hiring landscape and undoubtedly, new laws will come into play.  As we look to next year, take the time to review hiring policies and ensure that things are in line with local, state and federal law and as new items arise, make sure to have a clear understanding so that your company can stay away from litigation and make the right hires without the headaches. 

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