A recent survey by the Society for Human Resource Management indicated that about two-thirds of employers conduct criminal background checks on all job candidates. An array of companies, which don’t have to be licensed, offer the service. Searches, though, vary in accuracy. An April report published by the National Consumer Law Center found that many databases are incomplete or include outdated case information.
“It happens a lot,” said Zachary Kramer, who teaches employment law at Arizona State University. “The information they have is either not fresh or incomplete.”
This summer, the Federal Trade Commission penalized California-based HireRight, one of the largest firms in the background-screening field, fining the company $2.6 million for failing to use “reasonable procedures to assure the maximum possible accuracy.”
“A background check is supported by data,” Kramer said. “And when the data isn’t right, it’s an incredible hassle for everyone to try to correct the data.”
Kramer said common names are often confused. Although he wouldn’t comment on Martinez’s case, he said lawsuits such as hers “can encourage these background-check companies to do a better job.”…
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