Employment Background Checks Can Include General Information Services Lawsuit Tricks

Background Check on General Information Services lawsuit: This is one lawsuit that has been receiving a lot of media coverage recently. On February 7th, the US Department of Labor (DOL) released a report detailing a significant number of abuses in the employment background check industry, and this report was widely criticized by many leading business magazines. The general information services lawsuit is one in a long series of lawsuits filed against employers who used personal details for their hiring process, or failed to perform a thorough employment history check on potential employees.

The lawsuit targets several types of businesses such as those who used public records to obtain employee details such as date of birth or address. In addition, it targets employers who obtained employee details for “off-the-books” purposes, such as using data brokers to gather information about a person’s past.

General Information Services Lawsuit

Background checks conducted through general public records are not without dangers. There are fears that criminals may be able to find their way into such documents and use them to conceal their identity or steal from their former employers. As a result, it is very important that potential employers conduct thorough background checks that take into account the most common sources of data such as court records, government agencies, and the National Crime Information Center (NCIC).

The DOL did not specify how it would define general records.

However, the definition appears to include all information that is not private or confidential in nature and is made available to the general public either by the employer or by a third-party agency. The above categories fall under the heading of “professional services.” Therefore, any data that could be considered general, that can be accessed by anyone, including law enforcement and other licensed personnel, and that contains no individual’s or person’s specific identity may appear in an employment history check. This includes data such as financial data, driver’s license numbers, social security numbers, tax information, and any information that is deemed sensitive by an employer. Additionally, any data that reveals the falsification of education, work experience, or previous locations can also be considered as general and may appear in an employment background check.

In addition, any data that reveals the potential employer’s compliance with any federal, state, or local employment regulations, along with any disciplinary actions or complaints that have been filed against the potential employer can also be included in the pre-employment background check.

These types of information that are commonly contained in background checks include criminal history, driving records, credit report data, and any court judgments against an employer. The potential employer can actually have their criminal history included in the application itself and can request additional criminal history reports on applicants who have a lower credit score than they do.

Some potential employers mistakenly believe that they will not be subjected to a credit check because the submission of an application does not require it.

Unfortunately, this is not true. Even if the application contains nothing other than a list of employment skills and a reference that states that they meet all of the necessary pre-employment requirements, there may be incorrect or erroneous information that accidentally gets submitted when processing the form.

As soon as the application is processed, it is important for the potential employee to obtain copies of their credit reports from all three reporting agencies.

In addition, it is equally important to remember that there are numerous ways that employers can obtain incorrect, incomplete, or outdated data from the credit reports. Employers who use falsified information in order to disqualify applicants are conducting illegal credit screening, and can be subject to a discrimination lawsuit. In addition, any employment background checks that contain inaccurate data or are defective cannot be used against an applicant.

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