Privacy and Discrimination Concerns with Big Data and International Offshoring will Grow in 2015

  Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR) The rapid growth of “Big Data” – a term used to describe the increasing availability of data of all types – will bring added concerns about privacy and discrimination in 2015. The Federal Trade Commission (FTC) hosted a workshop to explore …

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Applicant Experience and Employer Branding Critical for Background Check Process in 2015

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR) The applicant experience and employer branding will become critical considerations for the background check process in 2015. Since employers are concerned with employer branding and the applicant experience, the background check process will focus on making the applicant experience as comfortable as …

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Employer Experience Will Focus on Streamlining Background Check Process in 2015

  Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR) Employers who perform a background check will be looking for ease of use and streamlined screening that is integrated into their hiring process without data entry in 2015. This can be accomplished by using Applicant Generated Report (AGR) system where employers …

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New Minnesota Drug Testing Case Gives Guidance on Which State Law Controls Background Checks

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR) A recurring issue for employers and background screening firms is which state law to apply when a criminal record is found in one state for a job in another state.  Confusion can be created if an applicant is offered a job in …

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San Francisco Ban the Box Ordinance Takes Effect August 13

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR) The San Francisco Fair Chance Ordinance – also known as the Ban the Box Ordinance – will take effect Wednesday, August 13, 2014. This Ordinance will require employers with San Francisco City or County offices and worksites who have 20 or more …

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Florida Law Firm Files Three Class Action Lawsuits on Same Day against Employers Alleging Violation of FCRA with Background Checks

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR) A Florida law firm filed federal class action lawsuits in the same court against three separate national employers on the same day, with two of them naming the same consumer as the lead plaintiff, alleging violations of the federal Fair Credit Reporting …

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Court Ruling Underscores Best Practices for Handling Consumer Disputes about Accuracy of Criminal Records in Background Checks

By Lester S. Rosen, Attorney at Law and CEO of Employment Screening Resources® (ESR) A ruling by a federal judge in a case in Minnesota on March 26, 2013 underscores the need for background screening firms to carefully review their processes for re-investigation of consumer disputes.

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Class Action Lawsuit Challenges Legality of Retail Theft Databases in California for Background Checks

The use of a “Retail Theft Contributory Database” in California is being challenged in a class action lawsuit filed in federal Court in San Francisco on January 31, 2013.  The lawsuit alleges that this type of database violates both federal and state laws by providing information to retailers about detentions for suspicion of theft or …

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New California Law Significantly Impacts Use of Past Criminal Records by Employers during Employment Background Screening

A new law in California that took effect January 1, 2014 – Senate Bill No. 530 (SB 530) – provides significant new protection to ex-offenders who committed crimes, including felonies, when it comes to job hunting and what employers can legally discover or use.  The new law prohibits an employer from asking about, seeking, or …

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Ban the Box Movement that Eliminates Criminal History Question from Job Applications Picking Up Momentum

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR) The “Ban the Box” movement that seeks to eliminate questions about past criminal conduct on initial job applications is quickly heading towards becoming a national standard and will be a hot issue for employers in 2014. The “box” refers to where an …

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