The Story Behind the News: ABC News Reports Dozens of Lawsuits over Inaccurate Criminal Reports Stemming from Database Searches

According to a story from ABC News on October 13, 2008, there have been dozens of lawsuits in the past two years alleging that background checks have cost people jobs because they were inaccurately identified as criminals when in fact they were not.  The story focused on the use of massive criminal databases, where private …

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Recruiters and Background Checks – How to Speed up the Process

The life cycle of a background check is often in conflict with a recruiter’s time constraints to fill a position.  This blog explores how recruiters can help speed up the process. Part of the on boarding process for most in-house recruiters is the completion of the pre-employment background check.On the other hand, it is mission …

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New Identity Theft Rules Effective November 1, 2008 Unlikely to Have Substantial Impact on Employers

New rules cornering address discrepancies in consumer credit reports that could help to prevent identity theft go into effect November 1, 2008.  Beyond potentially creating some additional hoops to jump through,  the new rules are not likely as a practical matter to have a great deal of impact on employers and may even help employers avoid …

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Governor Vetoes Two California Bills that Would Have Affected Background Checks

In the September, 2008 issue of the ESR Newsletter, readers were alerted to two bills in California that would have affected background checks.  Both bills were vetoed by Governor Schwarzenegger. AB 2918 would have severely restricted the use of employment credit reports. AB 3063 would have amended California law on the usage of criminal records. …

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Four Years Later, the Texas Statewide Criminal Database is Still Full of Holes

Four years ago, ESR reported an investigation by the Dallas News concerning inadequacies in the statewide criminal database maintained by the Texas Department of Public Safety (TDPS).  That database is widely use by law enforcement, employers and consumers, among others, and is also used to perform screenings on teachers, volunteers and caregivers that work with …

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Legislative Alert for California: Two Bills Await the Governor’s Approval or Veto

There are currently two bills that have passed the state legislature in California that are awaiting a decision by the Governor.  AB 2918 radically changes the use of credit reports for employment purposes.  According to the California Legislative Counsel, “This bill would prohibit the user of a consumer credit report, with the exception of certain …

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Legislative Alert for California: Two Bills Await the Governor’s Approval or Veto

There are currently two bills that have passed the state legislature in California that are awaiting a decision by the Governor.  AB 2918 radically changes the use of credit reports for employment purposes.  According to the California Legislative Counsel, “This bill would prohibit the user of a consumer credit report, with the exception of certain …

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Screening Firms Join Effort to Prevent Threats to Consumers from Offshoring of Personal and Private Data

ESR has joined a group of like-minded Consumer Reporting Agencies that reject the offshoring of consumer data. ESR is pleased to display the Concerned CRAs logo that represents a higher standard of consumer privacy protections. As outlined in the May, 2008 ESR newsletter, some screening firms place job applicants and employers at risk by sending …

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From the Courts: Federal Case Demonstrates Employer Defense to a Negligent Hiring Lawsuit

A federal district court judge in New Haven, Connecticut dismissed a negligent hiring lawsuit against FedEx Kinko’s, where the employer hired a self-admitted sex offender who used his position to solicit customers for his own computer repair business and molested an 8 year old boy whose family he befriended while fixing computers in their home.

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Background Firm Sued for Reporting Criminal Matters without Using Reasonable Procedures

In another 2008 federal case, a consumer sued a national background screening firm for negligent violation of the FCRA, on the basis that the screening firm failed to utilize reasonable procedures before reporting possible criminal hits. The federal trial court had granted a summary judgment in favor of the background screening firm, since the plaintiff …

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