Category Archives: Recent Posts

Seven Figure Settlement Obtained in Sexual Battery and Negligent Hiring Case by Minor against Church

A confidential seven figure settlement has been obtained in a sexual battery and negligent hiring case against a church and its senior pastor for the rape of a 16-year-old female parishioner by the church’s music minister who had a prior criminal conviction for a sex offense against a minor, according to a press release from the Irvine, California litigation firm of Brown & Charbonneau, LLP. The press release is available at http://www.prweb.com/releases/prweb2013/5/prweb10761878.htm. Continue reading

Best Practice Standards for Proper Use of Criminal Records in Hiring Addressed in New Report

A group of national civil and workers’ rights organizations has released a new report titled ‘Best Practice Standards: The Proper Use of Criminal Records in Hiring’ that addresses the use of criminal records of job applicants by employers during employment background checks. The organizations preparing the report include the Lawyers’ Committee for Civil Rights Under Law, the National H.I.R.E. Network, and the National Workrights Institute. Background screening industry consultants who helped to develop the Best Practice standards include Attorney Lester Rosen, Founder and CEO of Employment Screening Resources® (ESR), as well as Fred Giles and James Owens of CARCO Group, Inc. The full report is available at http://www.esrcheck.com/file/Best-Practice-Standards-Criminal-Records.pdf. Continue reading

Study Examines Use of Criminal Background Checks to Reduce Crime on College Campuses

Criminal background checks and screening questions asking students to self-report past crimes used during the admissions process used to reduce crime on college campuses cannot fully predict or detect students likely to commit crimes, according to a study published in the journal Injury Prevention. Continue reading

E-Verify Expansion Proposal as Part of Immigration Reform Rejected by Senate Panel

Last week, the Senate Judiciary Committee rejected a proposal that required the United States government to implement the E-Verify employment eligibility verification program to verify the legal status of workers 18 months after enacting immigration reform, according to a report on TheHill.com website available at http://thehill.com/blogs/hillicon-valley/technology/300201-panel-rejects-e-verify-changes. Continue reading

California Drug and Alcohol Counselors Not Required to Undergo Background Checks

An investigation by the California Senate has revealed that drug and alcohol counselors in the state are not required to undergo background checks and found that 23 sex offenders were permitted to work as rehab counselors, with the actual number probably higher. The report released in May 2013 – ‘Suspect Treatment: State’s lack of scrutiny allows unscreened sex offenders and unethical counselors to treat addicts’ – was prepared by researcher John Hill for the California Senate Office of Oversight and Outcomes and is available at http://www.scribd.com/doc/141335423/051313-Suspect-Treatment. Continue reading

Alleged Diploma Mill Degree Found During Hiring of New Indiana University Diving Coach

The new diving coach at Indiana University (IU) who arrives with credentials that include six Atlantic Coast Conference titles at Duke University and four Olympic medals as coach of the 2012 U.S. team in London also has a bachelor’s degree in physical education from an alleged “diploma mill” that issues fake degrees in the mail for money, the Indianapolis Star reports. The article is available at http://indy.st/11VfYuj. Continue reading

Minnesota Extends Ban the Box Provision Removing Criminal Record Question from Job Applications to Private Sector Hiring

Governor Mark Dayton of Minnesota has signed into law Senate File 523 (SF 523) that will eliminate the checkmark box asking about criminal history on most job applications and limit private sector employers in the state from asking about criminal records of job applicants until an interview or a conditional job offer. The new law extends the “Ban the Box” provision that currently exists in public employment to private employers. For more information about SF 523 – which will take effect on January 1, 2014 – visit https://www.revisor.mn.gov/bills/bill.php?b=House&f=SF0523&ssn=0&y=2013. Continue reading

New California Case Underscores Employers Confidential and Privacy Obligations Regarding Employment Screening Background Reports

A new California privacy case underscores the need for employers to respect the privacy of job applicants and maintain confidentially, regardless of whether information is shared in written form or in conversation. Although the case did not involve background checks, it concerned discussion of an employee’s personal medical condition with co-workers. The case is Ignat vs. YUM! Brands, Inc. filed March 18, 2013 for the California Fourth Appellate District. Continue reading

Minnesota Ban the Box Bill Regarding Criminal Records of Job Applicants Sent to Governor for Signature

A “Ban the Box” bill approved by the Minnesota House – SF 523 – would prevent private employers in the state from asking about the criminal history of job applicants until an interview or a conditional job offer. The bill has now been presented to Governor Mark Dayton for his signature, according to a report from the Star Tribune available at http://www.startribune.com/politics/statelocal/206699841.html. Continue reading

Safe Hiring Expert to Discuss Background Checks at 2013 Gulf Coast Symposium on Human Resource Issues

Attorney and safe hiring expert Lester Rosen, Founder and CEO of Employment Screening Resources® (ESR), will discuss background checks during two sessions at the 2013 Gulf Coast Symposium on Human Resource Issues on Wednesday, May 15, 2013 at the Reliant Center in Houston, Texas. Rosen’s first session will focus on international background checks while his second session will reveal the top background check trends for 2013. For more information about the 2013 Gulf Coast Symposium on Human Resource Issues, visit http://www.hrhouston.org/displaycommon.cfm?an=1&subarticlenbr=235. Continue reading