All posts by Les Rosen

Updated EEOC Guidance on Use of Criminal Records by Employers Becoming Core Concern for Human Resources

The updated Guidance on the use of criminal records in hiring decisions issued by the U.S. Equal Employment Opportunity Commission (EEOC) on April 25, 2012 carries the potential to impact the hiring processes of every employer and Human Resources professional in the United States in 2014 and beyond. Although not a law or legally enforceable regulation, it is critical for employers to understand the Guidance since it shows how the EEOC interprets the use of criminal records. This is Trend Number Two 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

Use of Commercial Criminal Databases Becoming More Controversial as Employers Face More Risk when Screening

The use of commercial criminal databases and cheap “do it yourself” background check web sites will be the focus of increased scrutiny and controversy in 2014 as employers face more risk when screening job applicants as the demand for accuracy in background check reports rises. This is Trend Number Three 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

Class Action Lawsuits for Failing to Perform Background Checks Properly Becoming Even More Prevalent

Given the need for employers to exercise due diligence in hiring and at the same time comply with the complex legal environment regulating hiring, employers can expect to see an increase in legal actions in 2014 – including class action lawsuits – for failing to perform proper background checks or failing to do them right.  This is Trend Number Four 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

Use of NAPBS Accredited Background Screening Firms by Employers Picking Up Steam

Given the increasingly complex legal environment, employers in 2014 will be faced with the challenges of ensuring that a background screening provider utilizes best practices to be in compliance with the Fair Credit Reporting Act (FCRA), the U.S. Equal Employment Opportunity Commission (EEOC) guidance for the use of criminal records, and applicable state laws as well as accuracy.  The National Association of Professional Background Screeners (NAPBS®) has introduced a rigorous accreditation program for screening firms that is confirmed by an on-site independent auditor and is a way to ensure an employer is dealing with a knowledgeable professional. This is Trend Number Five 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

Identity Theft and Offshoring Emerging as Important Factors for Employers to Consider when Screening

Employers in the United States are coming under increased pressure to protect the Personally Identifiable Information (PII) of job applicants due to increased media focus on identity theft and the “offshoring” of information gathered for background checks overseas beyond U.S. privacy laws. In 2014 employers may need to closely examine their processes in the area of protecting PII when it comes to background checks.  This is Trend Number Six 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

Social Network Searches Being Used Less for Background Checks and More for Recruiting and Sourcing

While a hot topic in past years has been the use of the internet to help with employee selection through social media background checks, it appears that this trend is fading fast for a number of reasons.  As a result, social network searches will diminish as a tool for background checks but will grow for purposes of recruiting and sourcing as well as employer branding. This is Trend Number Seven 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

Credit Reports Becoming Disfavored Tool in Employment Screening that May Disappear from Hiring Landscape

Employers should generally approach the use of credit reports for employment purposes with great caution, carefully examining if such use is regulated by state law, is relevant to the job, and be on the lookout for potential future restrictions in 2014 as credit report checks continue to become a disfavored tool that could potentially disappear from the hiring landscape.  This is Trend Number Eight 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

More Employers Including International Background Checks in Hiring Processes

In 2014, the use of international background checks will increase as employers both open offices outside of the U.S. and hire people who have spent time abroad.  With nearly 250 political entities in the world, each country is an adventure when it comes to background checks and employers cannot assume that screening internationally is the same as domestic U.S. processes.  This is Trend Number Nine 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

Technology Decreasing Time and Effort Needed for Employers to Perform Background Checks

Technology will continue to decrease time and effort needed for background checks in 2014. In the coming year, employers can expect to see even more robust Applicant Generated Report (AGR) systems where applicants perform the data entry and also integration with Applicant Tracking Systems (ATS) where employers can simply click a button and be done.  This is Trend Number Ten 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

Class Action Lawsuit against Background Firm Alleging Fair Credit Reporting Act Violations Demonstrates Importance of Legal Compliance

The importance of legal compliance and background checks was underscored in the filing of a class action lawsuit in the Los Angeles County Superior Court on November 1, 2013 against a Florida based background screening firm for violations of the federal Fair Credit Reporting Act (FCRA).  The lawsuit seeks statutory damages that can be $100 to $1,000 for every consumer that was the subject of a background check done using the forms and methods that were the subject of the complaint.  The lawsuit also request punitive damages. The law also provides for attorneys fees. The case is Los Angeles County Superior Court case BR 526352. Continue reading