New York Passes Four New Rules Affecting Background Checks to Help Ex-Offenders Have a Second Chance

Effective February 1, 2009, three (3) new rules go into effect in the State of New York designed to give ex-offenders a second chance of entering the workforce.  These rules affect both employers and background firms.  A fourth law, effective September, 2008, gives employers some additional protections against lawsuits for negligent hiring if they can …

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The Story Behind the Story-Why States and Cities are Concerned about Second Chances for Ex-Offenders

There is an increasing awareness in the United States that ex-offenders are having difficulty obtaining jobs due to their criminal records.  Although employers have a duty to exercise due diligence to promote a safe workplace, civil rights laws also do not permit employers to automatically disqualify someone with a criminal record before considering if there …

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How a Simple Background Check Could Have Saved Investors $340 Million

A shocking story in the December 7, 2008, San Francisco Chronicle recounts how investors lost $340 million, over one-third of a billion dollars, invested in a start-up firm that went bankrupt due to a dysfunctional CEO named John P. Rogers that was only minimally background checked. The firm was developing “pay by touch” machines for …

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Everyone at ESR wishes you a Happy Holiday Season.

ESR will be closed this year the days after Thanksgiving (11/27 and 28), Christmas (12/25 and 26) and New Years (1/1 and 2) in Observation of those holidays. Please contact Customer Service if you have any questions. New Group Forms to Promote Privacy Protection by Agreeing not to Send Data Offshore An important issue for …

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The Story Behind the News: ABC News Reports Dozens of Lawsuits over Inaccurate Criminal Reports Stemming from Database Searches

According to a story from ABC News on October 13, 2008, there have been dozens of lawsuits in the past two years alleging that background checks have cost people jobs because they were inaccurately identified as criminals when in fact they were not.  The story focused on the use of massive criminal databases, where private …

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Recruiters and Background Checks – How to Speed up the Process

The life cycle of a background check is often in conflict with a recruiter’s time constraints to fill a position.  This blog explores how recruiters can help speed up the process. Part of the on boarding process for most in-house recruiters is the completion of the pre-employment background check.On the other hand, it is mission …

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New Identity Theft Rules Effective November 1, 2008 Unlikely to Have Substantial Impact on Employers

New rules cornering address discrepancies in consumer credit reports that could help to prevent identity theft go into effect November 1, 2008.  Beyond potentially creating some additional hoops to jump through,  the new rules are not likely as a practical matter to have a great deal of impact on employers and may even help employers avoid …

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Governor Vetoes Two California Bills that Would Have Affected Background Checks

In the September, 2008 issue of the ESR Newsletter, readers were alerted to two bills in California that would have affected background checks.  Both bills were vetoed by Governor Schwarzenegger. AB 2918 would have severely restricted the use of employment credit reports. AB 3063 would have amended California law on the usage of criminal records. …

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Four Years Later, the Texas Statewide Criminal Database is Still Full of Holes

Four years ago, ESR reported an investigation by the Dallas News concerning inadequacies in the statewide criminal database maintained by the Texas Department of Public Safety (TDPS).  That database is widely use by law enforcement, employers and consumers, among others, and is also used to perform screenings on teachers, volunteers and caregivers that work with …

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Legislative Alert for California: Two Bills Await the Governor’s Approval or Veto

There are currently two bills that have passed the state legislature in California that are awaiting a decision by the Governor.  AB 2918 radically changes the use of credit reports for employment purposes.  According to the California Legislative Counsel, “This bill would prohibit the user of a consumer credit report, with the exception of certain …

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