• The ADA (Americans with Disabilities Act) is one of several federal civil rights laws. The purpose of the ADA is to help persons with disabilities become part of mainstream society, and to prevent them from being discriminated against. The ADA regulations are enforced by the Equal Employment Opportunity Commission (EEOC).

    ADA Compliance and Protection

    Every business with 15 or more employees must comply with the ADA. Protections are provided by the ADA to every person with a mental or physical disability that substantially limits one or more major life activities (such as standing, sleeping, or sitting), or who has a record (even in the past) of such a substantially limiting impairment. It also applies to a person who is treated or regarded by an employer as though they have such an impairment (such as an employer having a fear of hiring a person who has had cancer but is now in remission because there might be a recurrence). Only applicants who would otherwise be qualified for a job are protected by the ADA, so employers are not required to hire a disabled person over a more qualified applicant.

  • The 1996 Workplace Violence Survey, by The Society for Human Resource Management, reported that background screening was being used by only 66% of companies. HR professionals now are reporting that number is up to 96%. Due primarily to concerns about corporate scandal, workplace violence, and security, screening employees is now a routine.

  • As an employer, you’ve likely been advised by your attorney and/or insurance agent that you should have insurance that will protect against negligent hiring claims. It’s also important for you to know that insurance isn’t likely to cover all the costs of negligent hiring activities. If an employee commits assault, rape, murder, or armed robbery, against another employee or customer, there can be equally damaging non-financial costs. The potential of a negligent hiring lawsuit is just one more reason to perform thorough pre-employment background screening before you hire!

  • Fair Credit Reporting Act (FCRA) Text

    Read the complete text of the FCRA here:

    www.ftc.gov/os/statutes/031224fcra.pdf

    ADA (Americans with Disabilities Act) Information

    http://www.ada.gov/