All posts by Les Rosen

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

 Background Check Trends

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 the impact of big data on consumers while the U.S. Equal Employment Opportunity Commission (EEOC) stated that discrimination laws apply to employment decisions that result from big data. In addition, the “offshoring” of big data to foreign countries beyond U.S. privacy laws brings questions about data protection. This trend is number 8 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

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

Background Check Trends

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 possible as well as assuring applicants that their background checks are accurate, legally compliant, and their privacy rights are protected. This trend is number 9 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

Employer Experience Will Focus on Streamlining Background Check Process in 2015

 Background Check Trends

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 initiate a background check with click of a mouse and email applicants who then start the data entry process themselves. The employer experience can be heightened by integration with Applicant Tracking Systems (ATS) or Human Resources Information Systems (HRIS) to create a single button: “Perform Background Check.”  This trend is number 10 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

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

Court Cases

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 one state, but has a criminal record in another state where the reporting requirements may be different.  The proper  “choice of law” can be challenging. Continue reading

San Francisco Ban the Box Ordinance Takes Effect August 13

Ban the Box Information Page

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 employees to follow strict rules about inquiring into and using criminal record history of job applicants and employees. Continue reading

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

Background Check Class Action Lawsuits

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 Act (FCRA) by failure to obtain a valid background check consent on an online application process. Continue reading

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)

court cases 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. Continue reading

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 fraud but did not result in a conviction. The lawsuit seeks damages of up to $1,000 for every California consumer that was the subject of a negative report within the last two years where there was not a conviction, as well as legal fees and other damages. Continue reading

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 utilizing criminal convictions that have been judicially set aside.  Employers violating the new prohibitions can face civil penalties and even misdemeanor criminal charges if done intentionally. It also allows a convicted person to get a case expunged sooner. The full text of California SB 530 is available at http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb_0501-0550/sb_530_bill_20131010_chaptered.htm. Continue reading

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 applicant is asked to answer “yes” or “no” about a criminal past.  The idea is that asking about criminal records upfront serves as a potential early knock-out punch for ex-offenders that may otherwise be qualified. This is Trend Number One of the 7th Annual Employment Screening Resources® (ESR) ‘Top Ten Background Check Trends’ for 2014. For more information about the trends, please visit http://www.esrcheck.com/ESR-Top-Ten-Background-Check-Trends. Continue reading