
This page contains articles and special reports written by ESR on pre-employment screening background checks, safe hiring and legal compliance issues as well as news articles quoting ESR. All articles by ESR are copyrighted and may not be reproduced or republished without permission. Additional information, including the ESR 50 State Legal Compliance Guide, is available for ESR clients only.
Additional information is available on the ESR News Blog
ESR is the firm that wrote the book on safe hiring and pre-employment screening. "The Safe Hiring Manual " (512 page/Facts on Demand Press). It is available at bookstores and online from Amazon and is the first in-depth book on Safe Hiring and Pre-employment screening;
Click here for a series of articles that provide a short course on pre-employment screening
NEW for 2013: Employment Screening Resources (ESR) Top Ten Background Check Trends for 2013
Employment Screening Resources (ESR) Complimentary White Paper Download Page
Employment Screening Resources (ESR) Releases 'Top Ten Trends in Background Checks' for 2012.
Employment Screening Resources Releases Fourth Annual List of Background Check Trends for 2011.
Toolbox for HR (hr.toolbox.com): 'Eight Simple Things That Every HR Professional and Business Needs to Know about Employment Screening Background Checks' by Lester Rosen Attorney at Law
Background Screening Can Help Boss and Applicants – Article in the Sunday San Francisco Examiner/Chronicle in the Career Search Section –View Point column by Lester S. Rosen, President of Employment Screening Resources.
NEW: Article on Effective Pre-employment Background Screening from the Spring Issue of Protective Operations, The Journal of Security Services, Risk Management, Investigation and Consulting, a new national magazine, by Les Rosen, President of ESR.
Ten Safe Hiring Tools --Ten Tools Employers can use immediately to promote safe hiring that don't cost a dime!! By Les Rosen, President of ESR (reprinted from the San Francisco Chronicle)
Cost-Effective Safe Hiring Techniques for Large Employers by ESR President Les Rosen. Published in Security Technology and Design, July 2004. See article »»
(Also available at: http://www.esrcheck.com/wordpress/730/cost-effective-employment-screening-and-safe-hiring-techniques-for-large-employers )
Background Screening and Safe Hiring-An Introduction – An article by ESR founder Lester S. Rosen reprinted from April 2002 edition of Occupational Health and Safety Magazine.
50 state background screening compliance guide – Exclusively for ESR clients: State-by-state guide to the proper use of arrests, criminal convictions, state FCRA laws, reference checking, and other helpful information-exclusive for the use of ESR clients. Contact ESR Customer Service. This is ESR's own proprietary guide, and is not purchased form any source.
The Six Biggest Applicant Lies
“Changes in Background Screening Industry Led to Need for NAPBS Accreditation Program” By Thomas Ahearn, ESR News Editor, Employment Screening Resources (ESR) in NAPBS® JOURNAL for November-December 2011 (Page 12).
“Accredited Member Spotlight: Employment Screening Resources (ESR)” Interview with Attorney Lester Rosen, Founder and CEO of Employment Screening Resources (ESR), who also served as chairperson of the steering committee that founded NAPBS and served as its first co-chair. NAPBS® JOURNAL for November-December 2011 (Page 15).
For an article by ESR on How to Select a Background Screening Firm
For a sample Request for Proposal (RFP) to a screening firm
Sample 23 question yearly due diligence audit for a background firm
Attorney Lester Rosen's Public Comments to U.S. Commission on Civil Rights about Criminal Background Checks. This letter of public comment submitted by Attorney Lester Rosen, Founder and CEO of Employment Screening Resources (ESR), to the U.S. Commission on Civil Rights (“USCCR”) supplements views stated by the National Association of Professional Background Screeners (“NAPBS”) at a December 7, 2012 briefing on the impact of criminal background checks.
Employment Screening Expert Reviews EEOC Guidance for Criminal Background Checks - ESR CEO Lester Rosen Issues Public Comment on Updated EEOC Criminal Guidance. On April 25, 2012, the U.S. Equal Employment Opportunity Commission (EEOC), the agency that enforces federal laws prohibiting employment discrimination, voted 4-1 to approve updated Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. Below is a letter of public comment sent by Employment Screening Resources (ESR) CEO Attorney Lester Rosen to the EEOC regarding the updated Enforcement Guidance for criminal background checks.
Equal Employment Opportunity Commission (EEOC) and the Use of Criminal Records for Employment – Employment Screening Resources (ESR) Founder & CEO Lester Rosen's Public Comment to the July 26, 2011 EEOC Meeting on Arrest and Conviction Records as a Hiring Barrier. On July 26, 2011, the U.S. Equal Employment Opportunity Commission (EEOC) held a meeting that focused on the use of criminal records by employers for employment background checks to see if arrest and conviction records were an unfair and discriminatory hiring barrier to ex-offenders. The Commission held open the July 26 meeting record for 15 days and invited members of the public to submit written comments on any issue or matters discussed at the meeting. Attorney Lester Rosen, founder and CEO of Employment Screening Resources (ESR), submitted the following letter to the EEOC.
‘Consumer Group Report on Inaccurate Criminal Background Check Reports Loses Impact Due to Lack of Objectivity and Errors’ - To address the “erroneous information and unfounded conclusions” contained in a report on background check companies from the National Consumer Law Center (NCLC), ESR founder and CEO Attorney Lester Rosen wrote an article available at http://www.esrcheck.com/articles/NCLC-Report-on-Criminal-Background-Checks-Inaccurate.php.
“National” Criminal History Databases: Issues and Opportunities in Pre-employment Screening by Carl R. Ernst and Les Rosen
Checking for Crimes: What Employers Can--and Can't--Find Out About Applicants--Column in the Sunday San Francisco Examiner Career Section by Lester S. Rosen, President of Employment Screening Resources
The Basics of Criminal Record Searches by ESR founder and CEO Lester Rosen
Criminal Records, Employment, and Employment Applications by ESR CEO Lester Rosen
Special Report on Using and Obtaining Criminal Records--Part One
This is a review of the area of obtaining and using criminal records. There are a number of legal and practical considerations that are discussed. For example, to automatically exclude an applicant because of a criminal conviction, and it is unlawful to consider certain criminal records. A pre-employment firm must know what records an employer can legally possess. Reprinted in HR.com
Crimes, Criminals and Hiring – A special PowerPoint presentation on this critical area by Lester S. Rosen, Attorney at Law and President, Employment Screening Resources. (C) 2002 by Lester S. Rosen
Criminal Databases & Pre-Employment Screening: The Good, the Bad, and the Ugly – Article from the July, 2005 edition of the Security Technology and Design magazine.
For Job Applicants with Criminal Records: "Criminal Records and Getting Back into the Workforce: Six Critical Steps for Ex-offenders Trying to Get Back into the Workforce" by ESR founder and CEO Lester Rosen. – Originally published online at Privacyrights.org.
ESR Review of Criminology Study 'Redemption in the Presence of Widespread Criminal Background Checks' by Blumstein and Nakamura on redemption for purposes of employment for applicants with criminal records published in Criminology Journal.
Use Your References Well – Article in the Sunday San Francisco Examiner/Chronicle in the Career Search section--View Point Column by Lester S. Rosen, President of Employment Screening Resources.
The Dangers of Treating Home Operators as Independent Contractors – Article by Les Rosen, Founder and CEO of Employment Screening Resources (ESR)
Special Report: Obtaining Employment References – This special report discusses the current state of California law pertaining to both giving and requesting references. It also reviews the procedures used by ESR in its reference checking services.
Watch for Employment Gaps – This little story about a computer school will tell you all you need to know. (Based upon an interview with ESR Presidents Les Rosen, reported in Workforce.com)
Interviews: Five Questions to Ask in Every Interview
'Social Media Background Checks Conducted by Consumer Reporting Agencies Subject to Same Fair Credit Reporting Act Rules' By Lester Rosen, Attorney and CEO of Employment Screening Resources (ESR) & Thomas Ahearn, ESR News Editor. Reprinted from the NAPBS Journal for July/August 2011.
Managing the Risks of Using the Internet for Employment Screening Background Checks - A complimentary Employment Screening Resources (ESR) white paper available for download at: http://www.esrcheck.com/Download/.
Background Check Mobile Phone Apps and Instant Background Check Web Sites - A complimentary Employment Screening Resources (ESR) white paper available for download at: http://www.esrcheck.com/Download/.
July, 2009 – The Rush to Source Candidates from Internet and Social Networking Sites – Let’s Slow Down and Think About This for a Minute (by Lester Rosen-published on Recruiting Trends) (also found at: http://www.esrcheck.com/wordpress/775/the-rush-to-source-candidates-from-internet-and-social-networking-sites-2 )
August 2008: Caution! – Using Search Engines, MySpace or Facebook for Hiring Decisions May Be Hazardous to Your Business--See »» A federal Court case in the Facebook and MySpace era
The Basics of Educational Verifications – http://www.esrcheck.com/wordpress/1090/the-basics-of-education-verifications
Yahoo! CEO’s Departure Over Discrepancy in Academic Credentials Latest Example of Need for Employment Verifications – http://www.esrcheck.com/articles/Yahoo-CEO-Departure-Over-Discrepancy-in-Academic-Credentials.php
ESR CEO Les Rosen is quoted in an article published on CreditCardGuide.com: ‘Will Bad Credit Really Cost You Your Dream Job?’.
US States with Laws Regulating Credit Reports for Employment – A number of U.S. states have either passed, or are considering passing, laws regulating credit reports used by employers for employment purposes. Here is a summary of the states that currently have such laws. ESR will continue to monitor this area and post updates. Visit: http://www.esrcheck.com/States-with-Laws-Regulating-Credit-Reports-for-Employment.php.
A guide to "Credit Reports and Job Hunting" published on-line at www.MedCAREERS.com and HR.com. Article by ESR for both employers and job applicants on the role of credit reports and employment.
Use of Credit Reports in Employment Background Screening - A complimentary Employment Screening Resources (ESR) white paper available for download at: http://www.esrcheck.com/Download/.
The Basics of Credit Reports and Job Hunting http://www.esrcheck.com/wordpress/815/basics-of-credit-reports-and-background-checks
Is It Discriminatory For Employers To Use Credit Reports for Employment Screening?
Why Applications Are Key–Column in the Sunday San Francisco Examiner/Chronicle by Lester S. Rosen, President of Employment Screening Resources.
See also, Sample Application form (Word Format) (NOTE: Under the FCRA additional forms are needed to perform a pre-employment screening.
Criminal Records, Employment and Employment Applications – A special ESR report on the language that should be in an application form concerning criminal history.
NEW!! The Top 10 Signs You Are Hiring A Lawsuit Waiting To Happen
Les Rosen (reprinted form HR.com)–Employee lawsuits often catch employers by surprise. Yet, an examination of the employee's application shows that an employer could often have predicted well in advance that they were hiring a lawsuit just waiting to happen.
Special Report: Complying with the Fair Credit Reporting Act in Four Easy Steps.
This special report by ESR reviews the steps that employers need to take to comply with the Fair Credit Reporting Act in conducting pre -employment background screening of job applicants through a Consumer Reporting Agency such as Employment Screening Resources. One the first articles written on FCRA compkaince for background checks iin 1998 (with updates added to keep it current)
Special Report: Obtaining and Using Background Screening Information for Applicant Background Screening.
This article reviews some of the laws affecting pre-employment screening, such as the Fair Credit Reporting Act and Americans with Disabilities Act as well as special considerations concerning criminal records, credit reports, date of birth, and age and other matters.
Working with the Fair Credit Reporting Act Article on the FCRA for Loss Prevention and Internal Security Departments covering the role of internal security in doing pre-employment screenings and investigation of current employees under the FCRA.
“Background Checks in California: Compliance with a Whole Different Set of Rules than the Rest of the Country” by Attorney Lester Rosen.
Only in California: The Strange Sage of AB 655–Critical New Rules Affecting Safe Hiring in California
Article by ESR President and Attorney Les Rosen on the history and status of the legislation passed in California in 2002 drastically changing background screening. Prepared for the monthly magazine published by the Northern California Human Resources Association (NCHRA) (scheduled for October, 2002)
National Criminal History Databases – Issues and Opportunities: Article by Carl Ernst and Les Rosen on criminal record databases. See»» http://www.brbpub.com/articles/CriminalHistoryDB.pdf
The ESR 25 Question Safe Hiring Audit Test – The ESR Safe Hiring Audit Test for employers consists of 25 questions dealing with safe hiring practices. For each of the 25 questions, test takers should score their organizations on a 0-4 point scale. This exercise allows you to see how your organization measures up in case you have to defend your firm’s hiring practices in court.
Safe Hiring Checklist – A checklist that can be used by hiring manager to document whether your hiring process is a safe one. By Lester S. Rosen, Attorney at law and President, Employment Screening Resources. Reprinted from WORKFORCE.com
'The Safe Hiring Audit' by Lester Rosen – The Safe Hiring Audit provides a blueprint to evaluate and improve a company's hiring procedures. Companies of all sizes can identify potential problems and insure compliant hiring practices. This essential guide provides a step-by-step action plan to evaluate current hiring practices and make changes to strengthen their businesses and avoid potential problems. Use These 25 Audit Steps to Evaluate and Implement Best Practices in Your Hiring Process!
Negligent Hiring Lawsuits - A Serious Risk for Employers printed in the Risk Mitigation Executive newsletter (2005)
NEW! Recruiters, Staffing Vendors and Due Diligence – Don't Play Russian Roulette with Your Future
Recruiters and Social Netwrk Sites--Be Careful out There! http://www.esrcheck.com/wordpress/775/the-rush-to-source-candidates-from-internet-and-social-networking-sites-2
Call a Halt to the Parade of Horribles--Pre-employment Screening: A Vital Part of Your Business – Feature article from the Nov/Dec. 199 issue of the SI (Staffing Industry) Review, containing lengthy quotes and materials form Employment Screening Resources. Excellent article for staffing companies.
"Background Checks and Home Health Care Workers: A Toolbox for Due Diligence"
‘What Is The Best Way To Screen A Potential Caregiver?’
Due Diligence for Medical Recruiters and Hospitals
Problem doctors sometimes “slip through the cracks” during the credentialing process. A thorough due diligence program will minimize such risks. Article by ESR President Les Rosen, from www.Medcareers.com
Outsourced Screening for Hospitals – Special Report for hospitals and health care providers – "Outsourced Pre-employment Screening," by Les Rosen, president of ESR. This is a report on how hospitals and health care facilitates outsource this important task. www.medcareers.com is the Internet's most comprehensive, easy-to-use site devoted exclusively to providing career and staffing solutions for healthcare professionals.
Hiring Safe Health Care providers
Safe Hiring and Risk Management – from the Association of Staff Physician Recruiters (ASPR) Fall, 2000 newsletter-article by Calvin Bruce, C.P.C and Les Rosen, President of ESR, on Physician Recruitment
Risk Management and Pre-employment Screening for Hospitals and Health Care Organizations–A Critical Responsibility
It is estimated that hospitals and health care providers pay $100,000,000 a year in damages for acts caused by people that they hire with a criminal records that cause damages to co-workers or patients. This article by ESR examines the risk-management aspects of health care providers and the reasons and steps to institute a program of pre-employment screening.
"Background Checks" Article in November 2010 Issue of The Hospitalist, an Official Publication of The Society of Hospital Medicine.
NEW for Loss Prevention Professionals: Article on Effective Pre-employment Background Screening from the Spring Issue of Protective Operations, The Journal of Security Services, Risk Management, Investigation and Consulting, a new national magazine, by Les Rosen, President of ESR.
Working with the Fair Credit Reporting Act Article on the FCRA for Loss Prevention and Internal Security Departments covering the role of internal security in doing pre-employment screenings and investigation of current employees under the FCRA.
Screening Out Problem Employees–Published in the Workplace Violence Prevention Reporter - May 2005
NEW for Small Business owners--How to Avoid Hiring A Criminal for less then $20-- Five Easy Steps A Small Business Can Take Today
This special report outlines five easy and inexpensive steps any employer can take TODAY to protect their business, as well as employees and customers. Also includes a Release form that an employer can use--an effective tool to promote safe hiring.
Protecting Yourself When Inviting Workers Into Your Home --Five Easy Steps, by Les Rosen of Employment Screening Resources
Info for Start-ups and Venture Capital backed firms–Do you know who you are hiring? A look at Pre-Employment Background Screening
Article by ESR originally punished in the TriNet VCO Newsletter, a firm specializing in human resources management for start-ups and Venture Capital backed firms. Republished in HR.com
Inflated expectations and exaggerated facts can lead to job-search frustration–Article from leading computer industry magazine InfoWorld, August 9, 1999, concerning employment reference checks and salary verification in the high-tech industry with extensive information provided by ESR.
High tech resume traps–Article from leading computer industry magazine InfoWorld, August 16, 1999, concerning three resume pitfalls for high-tech workers that can delay or scuttle a job offer, quoting ESR
Hospitality Industry and Pre-Employment Screening
Article in the Lodging Magazine about the importance of background screening for the lodging industry.
Managing Compliance and Due Diligence in International Hiring - Article by ESR Founder & CEO Attorney Lester Rosen in Security Magazine
Introduction to International Background Screening - A complimentary Employment Screening Resources (ESR) white paper available for download at: http://www.esrcheck.com/Download/.
Introduction to International Screening: Helpful article summarizing some of the major points involved with international screening
International Background Screening, Terrorist Search and the Patriot Act
Helpful pointers to keep in mind when evaluating a candidate who has come form a foreign country or when hiring someone from abroad who will work for you in that country as a representative. Details about ESR services for international pre-employment screening searches.
What a Business Needs to Know About Pre-employment Screening with Employment Screening Resources.
The Mecahnics of Employment Screening
Policies and Procedures for Safe Hiring including information on how to set up a screening program, materials for internal policies and procedures and employee manuals, and legal compliance information and FAQ's about the mechanics of a screening program. (For ESR clients only–see online client help or contact ESR Customer Service)
EvanCarmichael.com.
For additional articles by Les Rosen on hiring practices and due diligence, as well as a host of additional articles on a wide number of business related topics, see: http://www.EvanCarmichael.com