What We're Watching | Week of May 29, 2022
What We're Watching, a weekly summary from the team at Boss Consulting HR, to highlight the ever-moving parts that is Human Resources.
Federal Updates
Think the Fair Credit Reporting Act Doesn't Apply to You? Think Again
The Fair Credit Reporting Act (FCRA) applies to all consumer background checks. If you use a third-party vendor to run your background checks, you're likely subject to the FCRA. The FCRA has specific notification requirements if an employer decides not to hire a candidate based on their background check. Though you're required to provide these notices a recent court decision clarified whether or not an employer could rescind a job offer before a candidate argues the accuracy of a background check.
A unanimous three-judge panel of the court ruled on May 3 that while the Fair Credit Reporting Act (FCRA) does give job applicants the right to dispute the accuracy of background checks, it does not confer a right to argue accurately reported convictions before losing a job offer.
Don't Wait Until a LOA to Address Performance
A common mistake employers make is to wait until an employee requests a leave of absence or a medical accommodation to bring up performance issues. This normally manifests when the employee is ready to return from their leave and the employer doesn't want to bring them back because of performance issues that existed BEFORE the employee's LOA. A recent suit brought against a major hospital in Atlanta should serve as notice to all employers, DO NOT WAIT.