All posts by Les Rosen

San Francisco Ban the Box Ordinance May Hurt Ex-Offenders the Law was Meant to Help

BanTheBox

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR)

The San Francisco Fair Chance Ordinance (FCO) that took effect a year ago today on August 13, 2014, requires San Francisco City and County employers with 20 or more workers to follow strict rules about inquiring into and using the criminal record history of job applicants and employees. Continue reading

Class Action Lawsuit against Major National Online Retailer Underscores Need to Comply with the FCRA

 GavelKeyboard

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR)

In a class action lawsuit filed in federal court in Seattle on April 7, 2015, a major national online retailer and a staffing firm that provides workers have been sued in a class action lawsuit alleging that the defendants failed to comply with the adverse action notice requirements of the federal Fair Credit Reporting Act (FCRA) where employment was denied due to a past criminal matter. Continue reading

FCRA Class Action Lawsuits Against Employers Becoming Routine

Blogs about FCRA Class Actions

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR)

Two class action lawsuits filed in federal courts in Wisconsin by the same lawyers and the same lead plaintiff within one week of each other and both alleging the same cause of action underscore the prevalence of class action lawsuits for violations of the federal Fair Credit Reporting Act (FCRA). It also demonstrates that employers can easily avoid these lawsuits by paying attention to the basics of the FCRA since both lawsuits were based on the use of language that Employment Screening Resources (ESR) has long warned employers to avoid. Continue reading

Ban the Box Laws that Go Overboard May Hurt Ex-Offenders and the Unemployed in 2015

Background Check Trends

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR)

Ban the Box laws, which protect ex-offenders from an “early knock out” punch in the hiring process based solely on the early disclosure of a criminal record, will quickly reach a tipping point in the U.S. in 2015. However, when these Ban the Box laws go too far the unintended consequence may well be that such laws actually hurt ex-offenders in the job market and can also hurt individuals who have been left unemployed by the recession. This is trend number 1 on the Employment Screening Resources (ESR) 8th Annual ‘ESR Top Ten Background Check Trends for 2015.’ For a list of background check trends, visit http://www.esrcheck.com/ESR-Top-Ten-Background-Check-Trends. Continue reading

FCRA Class Action Lawsuits will Continue to Increase Even if No One is Actually Harmed in 2015

Background Check Trends

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR)

Class action lawsuits for federal Fair Credit Reporting Act (FCRA) violations will increase in 2015 even if no one is actually harmed. In 2014, an increasing number of FCRA class action lawsuits were filed and were settled for millions of dollars and several more lawsuits were filed. FCRA violations can range from not making legally required disclosures to not following proper “adverse action” procedures. This trend is number 2 on the Employment Screening Resources (ESR) 8th Annual ‘ESR Top Ten Background Check Trends for 2015.’ For a list of background check trends, visit http://www.esrcheck.com/ESR-Top-Ten-Background-Check-Trends. Continue reading

Employment Laws Will Become More Fragmented as Cities and States Pass Hiring Laws in 2015

 Background Check Trends

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR)

Employment laws in the United States will become more fragmented as cities and states continue to pass their own laws on hiring in 2015. These new laws will cover a wide variety of areas within the employment screening process including “Ban the Box” laws for job applications, criminal records, privacy on social media, and credit checks. The trend toward localization – particularly on the local, county, or city level – can have the effect of discouraging employers from setting up operations or hiring in places that place an undue burden on doing business. This trend is number 3 on the Employment Screening Resources (ESR) 8th Annual ‘ESR Top Ten Background Check Trends for 2015.’ For a list of background check trends, visit http://www.esrcheck.com/ESR-Top-Ten-Background-Check-Trends. Continue reading

NAPBS Accreditation for Background Screening Firms Will Reach Tipping Point and Become Standard Criteria in 2015

Background Check Trends

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR)

The National Association of Professional Background Screeners (NAPBS) accreditation program for background screening firms will reach a tipping point and become standard criteria for selecting a vendor in 2015. The NAPBS exists to promote ethical business practices and compliance with the federal Fair Credit Reporting Act (FCRA), the U.S. Equal Employment Opportunity Commission (EEOC) guidance, and state and international laws related to background screening. This trend is number 4 on the Employment Screening Resources (ESR) 8th Annual ‘ESR Top Ten Background Check Trends for 2015.’ For a list of background check trends, visit http://www.esrcheck.com/ESR-Top-Ten-Background-Check-Trends. Continue reading

Employers will Start Looking at Due Diligence Post-Hire to Protect against Insider Threats in 2015

Background Check Trends

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR)

Employers will increasingly look at due diligence post-hire to protect against insider threats to organizations in 2015. The exposure of government secrets by Edward Snowden and the Naval Yard shootings in Washington D.C. have put increased emphasis on post-hire insider threats. There are numerous types of post-hire insider threats ranging from embezzlement, fraud, and theft to child molesters and active shooters and everything in between. These inside threats come from anyone with access to workplaces including employees, contractors, temporary workers, and even ex-spouses. This trend is number 5 on the Employment Screening Resources (ESR) 8th Annual ‘ESR Top Ten Background Check Trends for 2015.’ For a list of background check trends, visit http://www.esrcheck.com/ESR-Top-Ten-Background-Check-Trends. Continue reading

Background Checks in Sharing Economy Will Not Be Limited to Traditional Employer-Employee Situations in 2015

Background Check Trends

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR)

Background checks will continue to be a focus of concern in the “sharing economy” built around the sharing of human and physical resources in such industries as transportation, short-term housing rentals or temporary job assignments in 2015.  These types of background checks fall outside the traditional employer-employee situations but are nevertheless critical as users of these services are concerned with the integrity of the service providers or renter.  However, the standards for what constitutes a background check remain elusive since there is no one definition or generally accepted standard.  This trend is number 6 on the Employment Screening Resources (ESR) 8th Annual ‘ESR Top Ten Background Check Trends for 2015.’ For a list of background check trends, visit http://www.esrcheck.com/ESR-Top-Ten-Background-Check-Trends. Continue reading

EEOC Guidance for Criminal Records Hotly Debated but Remains Key Concern for Employers in 2015

 Background Check Trends

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR)

On April 25, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) approved updated Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. This EEOC Guidance is having a profound impact on how employers in America hire. The EEOC Guidance has been hotly debated by supporters and critics but will remain a key concern for employers in 2015. This trend is number 7 on the Employment Screening Resources (ESR) 8th Annual ‘ESR Top Ten Background Check Trends for 2015.’ For a list of background check trends, visit http://www.esrcheck.com/ESR-Top-Ten-Background-Check-Trends. Continue reading