
Summary of FTC Staff Opinion Letters
ESR has prepared a Digest Summary of the FTC Staff Opinoin letters on the FCRA.
» Equal Employment Opportunity Commission Website
» Title VII of the Civil Rights Act of 1964
» The Americans with Disabilities Act of 1990, Titles I and V
» The Age Discrimination in Employment Act of 1967
» The Civil Rights Act of 1991
>>AGE Discrimination and date of birth per EEOC
All employers know that there are certain areas that cannot be covered in a job interview. This summary tells employers what they can and cannot ask in job interviews. It is generally helpful to employers in all the fifty states.
An excellent site on legal vs. non-legal questions and the entire area of discrimination in employment is: http://www.discriminationattorney.com/. Although it is based in California, it gives an excellent summary of federal law as well.
NEW!! See the Interview Generator-A new tool by ESR that allows employers to generate structured interviews forms using a list of genre is interview questions or custom questions.
NEW: 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. Contact your ESR customer service representative for the consent and disclosure forms that are required. Also, your ESR customer service representative can supply a special report on the language that should be in an application form concerning criminal history, called Criminal Records, Employment and Employment Applications.)
See also articles on employment applications in the Articles section »»
50 State Criminal Record Guide
For an interactive map of criminal records available in each state in addition to a county level search, see: http://www.esrcheck.com/statewides/index.php
ESR provides its client with a proprietary 50 state legal guide, prepared and updated by ESR.
The information available to ESR clients includes special procedural rules applicable in each state in addition to the national requirements under the federal Fair Credit Reporting Act (FCRA). It also includes information concerning the use of criminal records in employment decisions. For a demo of hte ESR 50 State Legal guide, see: http://www.esrcheck.com/state_guide/index.php
See the list of HR Resources assembled by Employment Screening Resources
To be added
Safe Hiring Video by Kantola Productions featuring ESR »»
ESR is pleased to recommend , "45 Effective Ways for Hiring Smart!: How to Predict Winners and Loser in the Incredibly Expensive People-Reading Game." The author is psychiatrist Pierre Mornell, an outstanding book on smart hiring.
These are excellent sites for performing business research over the Internet. They are:
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.
Article on "Credit Reports and Job Hunting" by ESR for both employers and job applicants on the role of credit reports and employment.
The Federal Trade Commission (FTC) has resources that will help consumers and job applicants deal with their own credit reports. These are excellent resources for job applicants that would like information about improving their reports. To read an FTC Facts for Consumers 'Employment Background Checks and Credit Reports' from the Federal Trade Commission, visit http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre36.pdf.
It is an excellent idea to obtain and review your own credit report to make certain that everything is accurate and up to date. The advantages of viewing your own credit report is that you can see which companies are looking at your credit information, identify and dispute any inaccuracies, track any late payments or adverse information, and tell if someone is using your identity or setting up unauthorized accounts or making unauthorized purchases.
Under federal law, you have a right to obtain a copy once a year from EACH credit bureau.
In addition, there may be occasions where there are names or addresses incorrectly associated with a SSN. This can occur for a variety of reasons. For example if a data entry clerk for a credit card company accidentally switched two numbers in a social security number while entering a change of address form, the credit bureau records may link the wrong name and addresses to a social security number. Because of the possibility of human error, a Social Security Trace is used as a helpful tool in a background report, but is not considered an “official report.” If an applicant is concerned about any such discrepancy, they can contact all three major credit bureaus to review their own files using the methods above.
Finally, employers have the ability to call the Social Security administration (SSA) directly to verify an employee's social security number. An employer may call 800-772-1213 and must provide an Employer Identification Number (EIN). A background screening firm is not able to call on an employer's behalf. For more information, see: http://www.ssa.gov/employer/ssnv.htm
The following links offer legal updates from well known employment and labor law firms:
The following links are of assistance in researching laws in the fifty states and federal law:
a. Findlaw--www.findlaw.com/11stategov/index.html
b. An index to the criminal law for each state: http://www.law.cornell.edu/topics/state_statutes2.html#criminal_code
c. California statutes can be found at http://www.leginfo.ca.gov/ and http://www.leginfo.ca.gov/calaw.html.
d. The California Penal Code can be found at http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=pen&codebody=&hits=20
e. Motor Vehicle Records: Every state has resources to understand and interpret code sections on a motor vehicle reports. For California, see a list of common violations compiled by the state DMV: http://www.dmv.ca.gov/dl/vioptct.htm :
f. Employment Law Information Network--Reference for employment lawyers and human resource professionals, covering topics from age discrimination to wrongful termination. Includes news, articles, forms, policies, and an employment lawyer directory.
g. Listing of State Administrative Codes (Legal regulations that affect employers are often found in administrative codes. For example, a number of states have their pre-employment inquiry rules contained in state administrative codes.) See resources provided by the Florida State University College of Law>>>
h. SECRETARIES OF STATE website - Find Corporate Information and Online Searchable Databases at http://www.coordinatedlegal.com/SecretaryOfState.html
Legal resources for each state--Rominger Legal:
| AL | AK | AZ | AR | CA | CO | CT | DE | FL | GA |
| HI | ID | IL | IN | IA | KS | KY | LA | ME | MD |
| MA | MI | MN | MS | MO | MT | NE | NV | NH | NJ |
| NM | NY | NC | ND | OH | OK | OR | PA | RI | SC |
| SD | TN | TX | UT | VT | VA | WA | WV | WI | WY |
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U.S. Supreme Court - Circuit Courts |
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For the best source of information, see:
Identity Fraud http://www.identityfraud.com/index.html
EPICwas established in 1994 and operates as a public interest research center in Washington, D.C. EPIC's focus is to bring public attention to emerging civil liberties issues and to protect privacy, the First Amendment, and constitutional values. The site has archived and up to date information, articles, and links on a variety of topics including laws, trends, and technologies.
The Privacy Rights Clearinghouse
is a non-profit organization with valuable information and articles on identity fraud and subjects relating to privacy.
Sources of information: http://www.dmv.ca.gov/consumer/fraud.htm
Employers can help prevent identify theft in the workplace -- From the February 2000 Issue of HR News — HR’s leading Newspaper published by the Society for Human Resources Management (SHRM), containing information and quotes from Les Rosen, president of ESR
(entire article to be posted shortly)
The best defense against suspected identify fraud is to obtain and review your credit report on a regular basis. The reports from all three bureaus should be reviewed. There are commercial services that offer a merged report with all three bureaus, as well as a service that monitors a consumer's credit on an ongoing basis.
To obtain a FREE annual copy of your credit report, go to: https://www.annualcreditreport.com/cra/index.jsp.