Federal Court Rules Unnecessary Repetition of Single Criminal Incident can be Misleading and be the Basis of an Allegation for Punitive Damages Against Background Screening Firm

A case decided by a federal district court demonstrates the need for background screening firms to exercise reasonable procedures for maximum possible accuracy in order to avoid lawsuits for punitive damages.  In that case, the plaintiff alleged among other things that his background report unnecessarily repeated information about a single criminal incident multiple times, so …

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Equal Employment Opportunity Commission Issues Final Regulations for Genetic Information Nondiscrimination Act (GINA) Prohibiting Use of Genetic Information in Employment Decisions

By Lester Rosen, ESR President & Thomas Ahearn, ESR News Blog The U.S. Equal Employment Opportunity Commission (EEOC) has issued final regulations implementing the Title II employment provisions of the Genetic Information Nondiscrimination Act of 2008 (GINA) that prohibits use of genetic information to make decisions about health insurance and employment, and restricts the acquisition …

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Department of Homeland Security and U.S. Citizenship and Immigration Services Announce Anti-Fraud Enhancements to E-Verify Employment Verification Program

By Thomas Ahearn, ESR News Blog Department of Homeland Security (DHS) Secretary Janet Napolitano and U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas have announced the expansion of the E-Verify employment eligibility verification program’s capabilities to include U.S. passport photo matching which will enable E-Verify to automatically check the validity and authenticity of all …

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New Security Survey Finds Nearly One-Third of Healthcare Organizations Had At Least One Known Case of Medical Identity Theft

By Thomas Ahearn, ESR News Blog A new survey released in November on security at healthcare organizations has revealed that nearly one-third of respondents said their healthcare organization had at least one known case of medical identity theft, and that some cases the medical identity theft may never be reported. According to the 3rd Annual …

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Saginaw County MI Ready to Ban the Box Questioning Job Applicants about Criminal Pasts on Job Applications

By Thomas Ahearn, ESR News Blog Saginaw County, Michigan appears poised to join the growing “Ban the Box” movement by voting to remove questions – and the box to be checked when answering – regarding criminal pasts of job applicants on county government employment applications. As reported in stories on mlive.com, the Saginaw County Board …

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Ohio Governor Issues Executive Order Prohibiting Use of Public Funds for Practice of Offshore Outsourcing Known as Offshoring

By Thomas Ahearn, ESR News Blog Ohio Governor Ted Strickland has issued an executive order that prohibits the expenditure of public funds for services provided offshore and beyond the boundaries of the United States and its territories – a practice known as Offshore Outsourcing or “Offshoring” – a move that is a reaction to public …

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October 2010 Jobs Report Better than Expected with Private Sector Employment Rising 159,000 and Increase of 151,000 Jobs Overall

By Thomas Ahearn, ESR News Blog The U.S. economy added 151,000 jobs overall in October 2010, and private-sector payroll employment rose by 159,000 over the month, the U.S. Bureau of Labor Statistics (BLS) reported. According to the BLS report – “THE EMPLOYMENT SITUATION – OCTOBER 2010” – nonfarm payroll employment increased by 151,000 in October …

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Bill Restricting New Jersey Employers from Requiring Employment Credit Checks on Job Applicants Moves Closer to Law

By Thomas Ahearn, ESR News Blog A bill that would restrict employers in New Jersey from requiring credit checks as a condition of employment is advancing toward law, according to a news release from the Assembly Democrats web site. Bill A-3238 – sponsored by Assemblyman Ruben J. Ramos Jr. and Assemblywoman Cleopatra Tucker – prohibits …

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ESR NEWS ALERT: Massachusetts CORI Reform Law Prohibits Employers from Asking About Criminal Convictions on Initial Job Applications Effective November 4, 2010

By Thomas Ahearn, ESR News Blog Starting November 4, 2010, employers in Massachusetts will no longer be able to ask about convictions on “initial” job applications because of new legislation that prohibits employers from asking questions on initial written job applications about criminal offender record information, which includes criminal charges, arrests, and incarceration. As previously …

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SHRM Tells EEOC Credit Checks Are Legitimate Background Screening Tool at Recent Public Meeting

By Thomas Ahearn, ESR News Blog According to a news story on the Society for Human Resource Management (SHRM) website – “SHRM: Credit Checks Are Legitimate Screening Tool” – a representative for SHRM told the U.S. Equal Employment Opportunity Commission (EEOC) during a public hearing on October 20, 2010 that the federal government should not eliminate …

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