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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Screening Firms Join Effort to Prevent Threats to Consumers from Offshoring of Personal and Private Data

ESR has joined a group of like-minded Consumer Reporting Agencies that reject the offshoring of consumer data. ESR is pleased to display the Concerned CRAs logo that represents a higher standard of consumer privacy protections. As outlined in the May, 2008 ESR newsletter, some screening firms place job applicants and employers at risk by sending …

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From the Courts: Federal Case Demonstrates Employer Defense to a Negligent Hiring Lawsuit

A federal district court judge in New Haven, Connecticut dismissed a negligent hiring lawsuit against FedEx Kinko’s, where the employer hired a self-admitted sex offender who used his position to solicit customers for his own computer repair business and molested an 8 year old boy whose family he befriended while fixing computers in their home.

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Background Firm Sued for Reporting Criminal Matters without Using Reasonable Procedures

In another 2008 federal case, a consumer sued a national background screening firm for negligent violation of the FCRA, on the basis that the screening firm failed to utilize reasonable procedures before reporting possible criminal hits. The federal trial court had granted a summary judgment in favor of the background screening firm, since the plaintiff …

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Background Firm Sued for Violation of FCRA by Reporting Existence of Prohibited Records

In this federal case, a national employment screening firm uncovered information that the applicant had an arrest record over seven years ago. There were no convictions, but arrests only. The federal Fair Credit Reporting Act (FCRA) prohibits the reporting of an arrest older than seven years old, unless the applicant is reasonably expected to make …

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Top 10 Signs You are Hiring a Lawsuit Waiting to Happen

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. By looking for the following ten (10) danger signals, an employer can avoid hiring a problem in the first place. …

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Where to Find a Good Application Form

Application forms are available from a number of sources. The local or state Chamber of Commerce may have forms available. A firm’s business or labor attorney will normally have a new employee package available with an application form. Human resources consultants and HR organizations may have forms. Office supply stores sell basic business forms including …

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Three Problems with Application Forms Asking About Past Convictions

One of the most effective uses of an application form is to enable an employer to directly ask an applicant if he or she has a criminal record. Unfortunately, many employers use language in their applications that is either too narrow, too broad, or too ambiguous. Each of these mistakes can put an employer in …

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Ten Critical Items Every Application Needs

These ten critical areas need to be addressed in every application as part of a Safe Hiring Program: The application needs to clearly state that there will be a background check or a background check will be performed. A well-worded application form discourages applicants with something to hide, and encourages applicants to be open and …

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