Yearly Archives: 2011

New Class Action Lawsuit against Major Financial Institution for FCRA Violations Demonstrates Importance of Legal Compliance

A class action case filed against a large financial institution – one of the nation’s top 10 banks – shows once again that legal compliance is a critical part of any background screening program.  The lawsuit was filed on behalf of an employee alleging violations of the federal Fair Credit Reporting Act (FCRA). According to a press release from the Attorneys for the Plaintiff, the lawsuit alleges that the financial institution obtained background checks in violation of the FCRA and failed to provide required notices.  The Plaintiff seeks to represent a class of all of the financial institution’s employees and job applicants for the past three years. Continue reading

E-Verify Bill for Kentucky Businesses Prefiled for 2012 Legislative Session

Kentucky Representative Stan Lee (R-Lexington – 45th District) has announced in a press release that he is pre-filing legislation for the 2012 Legislative session that if passed would require companies doing business in Kentucky to use the E-verify electronic employment eligibility verification system to check the work authorization status of their workers or otherwise risk the loss of their business licenses and permits. Continue reading

White House Releases Strategic Implementation Plan for Empowering Local Partners to Prevent Violent Extremism in US

The first U.S. Government strategy and implementation plan to address ideologically-inspired violent extremism in the Homeland, the White House recently released the ‘STRATEGIC IMPLEMENTATION PLAN FOR EMPOWERING LOCAL PARTNERS TO PREVENT VIOLENT EXTREMISM IN THE UNITED STATES’ that will serve as a blueprint for how the Administration will implement the Domestic Strategy on Countering Violent Extremism (CVE) in the United States, according to the U.S. Citizenship and Immigration Services (USCIS) Office of Public Engagement.

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Department of Justice Files Lawsuit Alleging Discrimination during Form I-9 Employment Eligibility Verification Process

In another example of just how carefully the U.S. government is examining the process employers in America use when checking the work authorization status of newly hired employees, the Department of Justice (DOJ) has filed a lawsuit alleging discrimination by the University of California, San Diego (UCSD) Medical Center during the employment eligibility verification (Form I-9) process against non-U.S. citizens authorized to work in the United States, according to a press release from the DOJ. (Update: Justice Department Settles with University of California San Diego Medical Center). Continue reading

Social Media Screening Webinar Helps Employers and Recruiters Avoid Legal Landmines when Using Internet for Background Checks

Employers and recruiters have discovered a treasure trove of information about potential job applicants on social media sites such as Facebook, LinkedIn, and Twitter. However, the use of these sites can present legal risks, including privacy and discrimination issues, according to safe hiring expert Les Rosen, CEO of Employment Screening Resources (ESR), who will present the 90 minute webinar ‘Avoiding Legal Landmines when Using Facebook, LinkedIn & Other Social Media Websites for Screening Candidates’ on Monday, December 12, 2011 at 2:00 p.m. ET / 11:00 a.m. PT. To learn more or to register, visit Continue reading

New Research Reveals Warning Signs of Intellectual Property Theft Committed by Corporate Insiders

Corporate insider intellectual property (IP) thieves are usually males under 40 holding technical positions, have a new job ready at the time of the theft, and steal information they were authorized to access, according to the findings of a new report “Behavioral Risk Indicators of Malicious Insider Theft of Intellectual Property: Misreading the Writing on the Wall” from leading information security solutions provider Symantec. To download the free report – which helps employers recognize the early warning signs, as well as motivations and behaviors, of insider intellectual property thieves – click here. Continue reading

Failed Background Check Denied Accused Sex Abuser in Penn State Scandal Volunteer Coaching Job in 2010

In a story first reported by WHP-TV CBS Channel 21 News in South Central Pennsylvania, Jerry Sandusky – the former Penn State University assistant football coach currently charged with 40 counts of child sex abuse in a Grand Jury Presentment (WARNING: Graphic Material) – failed a background check for a volunteer football coaching position at Juniata College in Huntingdon, Pennsylvania in 2010 after he did not disclose that he was under investigation for child abuse at a high school in another county in the state. Continue reading

Background Check Policy for Hiring Teachers Questioned in Lawsuit against School District

According to a report in the Myrtle Beach (SC) Herald, the father of a former Middle School student in Horry County, South Carolina has filed a lawsuit against the school district that hired a teacher who had a sexual relationship with the man’s daughter, who was only 13-years-old at the time. The Herald reports that the lawsuit filed in civil court – which does not identity the girl or her father – states “the school district was negligent in both the supervision of its students and the screening of prospective hires,” and that the teacher also had sex with a student in Michigan before being hired by Horry County Schools. Continue reading

NCHRA Seminar Showing Employers How to Legally Conduct Background Checks Scheduled for December 7

Attorney and safe hiring expert Les Rosen, founder and CEO of nationwide background check firm Employment Screening Resources (ESR), will present a seminar titled “Conducting Background Checks Thoroughly and Legally” for the Northern California Human Resources Association (NCHRA) on Wednesday, December 7, 2011 from 9:30 AM to 3:30 PM Pacific Time at the NCHRA Training Center at 425 California Street, Suite 500 in San Francisco, CA. To register for the seminar – which qualifies for five General/MCLE Recertification Credits – visit: Continue reading

November 2011 Jobs Report Shows Employment Rose by 120000 Jobs and Unemployment Rate Fell Under 9 Percent

Total nonfarm payroll employment rose by 120,000 jobs and the unemployment rate fell to 8.6 percent in November 2011 as employment continued to trend up in retail trade, leisure and hospitality, professional and business services, and health care, according to ‘THE EMPLOYMENT SITUATION – NOVEMBER 2011’ from the U.S. Department of Labor’s Bureau of Labor Statistics. In more good news, the change in total nonfarm payroll employment for September 2011 was revised from 158,000 jobs to 210,000 jobs and the change for October 2011 was revised from 80,000 jobs to 100,000 jobs. The report will be available at until the Employment Situation report for December 2011 is released on Friday, January 6, 2012. Continue reading