Category Archives: Recent Posts

EEOC Discusses Progress of Strategic Plan for Fiscal Years 2012 to 2016 in Public Meeting on February 20

The U.S. Equal Employment Opportunity Commission (EEOC) held a public meeting on February 20, 2013 to discuss progress, achievements, and implementation of the EEOC Strategic Plan for Fiscal Years 2012 to 2016 that was approved in a 4-1 vote in February 2012. The Strategic Plan serves as a framework for the EEOC to achieve its mission to stop and remedy unlawful employment discrimination by focusing on three objectives: strategic law enforcement, education and outreach, and efficiently serving the public. Information about the meeting is available at http://www.eeoc.gov/eeoc/meetings/2-20-13/index.cfm. Continue reading

E-Verify Employment Eligibility Verification System Receives High Ratings in Customer Satisfaction Survey

The U.S. Citizenship and Immigration Services (USCIS) has announced that users of the federal E-Verify online system that allows businesses to verify the employment eligibility of their employees to work in the United States gave the program high marks in a recent customer satisfaction survey. More than 1,300 randomly selected employers across the nation who use E-Verify rated the program as exceptionally high in overall customer satisfaction with an average score of 86 out of 100 on the American Customer Satisfaction Index (ACSI) scale, 19 points above the current federal government average. To view the entire E-Verify ACSI report, visit here: ‘E-Verify Customer Satisfaction Survey, Final Report, January 2013.’ Continue reading

FDIC Modifies Statement of Policy for Section 19 of Federal Deposit Insurance Act

In December of 2012, the Federal Deposit Insurance Corporation (FDIC) Board of Directors modified the Statement of Policy (SOP) for Section 19 of the Federal Deposit Insurance (FDI) Act which prohibits a person convicted of a criminal offense involving dishonesty, breach of trust, money laundering, or who has entered into a pretrial diversion program, from working at an FDIC-insured institution without prior written consent of the FDIC. The updated SOP for Section 19 of the FDI Act, which includes modifications the de minimis exceptions regarding the potential fine and the number of days of imprisonment, is available on the FDIC website at http://www.fdic.gov/news/news/financial/2013/fil13003.html. Continue reading

New EEOC Criminal Record Guidance Subject of Session at SHRM Conference in Albuquerque on February 25

Attorney Lester Rosen, a safe hiring expert and founder and CEO of background check firm Employment Screening Resources (ESR), will present a session titled ‘Practical Steps to Comply with the New Equal Employment Opportunity Commission (EEOC) Criminal Record Guidance’ at the 2013 Society for Human Resource Management (SHRM) NM Employment Law & Legislative Conference in Albuquerque, New Mexico on Monday, February 25, 2013 from 2:00 PM to 3:15 PM MST. For more information and to register for the SHRM conference, visit http://www.shrmnm.org/2013_Legislative_Conference.aspx. Continue reading

DOL Office of Contract Compliance Programs Issues Directive on Use of Criminal Records for Background Checks

The Department of Labor’s (DOL) Office of Contract Compliance Programs (OFCCP) has issued a new Directive on ‘Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race and National Origin.’ The OFCCP Directive advises federal contractors and subcontractors about potential discriminatory liability resulting from using criminal records for employment background checks and warns policies that exclude workers with criminal records without taking into account the age and nature of the offense could violate Title VII of the Civil Rights Act by adversely impacting minority candidates. The OFCCP Directive, which took effect immediately, is available at http://www.dol.gov/ofccp/regs/compliance/directives/dir306.htm. Continue reading

Workplace Romances Can End Happily in Marriage or Sometimes Unhappily in Lawsuits Against Employers

Just in time for February 14, the annual CareerBuilder Valentine’s Day Survey has revealed that 3 in 10 workers – 30 percent – who have dated a co-worker said their workplace romance led to marriage. However, the fact that nearly a third of all romances that started in the workplace resulted in marriage also means that more than two-thirds of such relationships may have already ended, perhaps even in a potentially messy breakup that could be bad for business. Continue reading

Safe Hiring Expert Lester Rosen Discusses Top Background Check Trends for 2013 on The Proactive Employer

Attorney Lester Rosen, a safe hiring expert and Founder and CEO of background check firm Employment Screening Resources (ESR), discussed ‘The Top Ten Trends for Background Checks in 2013 – What Every Employer Needs to Know’ during an interview by Stephanie R. Thomas, Ph. D., the host of The Proactive Employer, on February 7, 2013. To listen to the interview of Lester Rosen, visit http://www.blogtalkradio.com/theproactiveemployer/2013/02/07/the-top-10-trends-for-background-checks-in-2013. Continue reading

California Supreme Court Ruling on Discrimination Case Involving Mixed Motive May Impact Fair Employment and Housing Claims

On February 7, 2013, the California Supreme Court issued a unanimous decision in a case – Harris v. City of Santa Monica – that involved the “mixed motive” theory where the employer has both legitimate and discriminatory reasons for job actions such as termination and discipline. The Court ruled an employer can defeat an employee’s claim for damages in a discrimination case by proving with a preponderance of evidence it would have terminated the employee anyway for lawful reasons.  The ruling on Harris v. City of Santa Monica is available at http://www.courts.ca.gov/opinions/documents/S181004A.PDF. Continue reading

FTC Study on Credit Report Accuracy Finds One in Five Consumers has Error on Their Credit Reports

A Federal Trade Commission (FTC) study of accuracy in the U.S. credit reporting industry has found that one in five consumers – an estimated 40 million Americans, according to a ‘60 Minutes’ report on the FTC study – had an error on at least one of their three major credit reports while five percent had significant errors on one of their credit reports that could result in less favorable terms for auto loans and insurance. The full text of the FTC report is available at http://www.ftc.gov/os/2013/02/130211factareport.pdf. Continue reading

Allegation of Failure to Update FCRA Compliance Forms by National Retailer Leads to 3 Million Dollar Settlement

A large national retailer has settled an employment class action lawsuit for $3 million that alleged the company violated the federal Fair Credit Reporting Act (FCRA) by failing to send proper notices to nearly 65,000 plaintiffs who were job applicants. More detailed information about the settlement reached in Pitt v. KMart Corp., Case No. 11-cv-00697 is available at: http://www.archive.org/download/gov.uscourts.vaed.272989/gov.uscourts.vaed.272989.56.0.pdf. Continue reading