Category Archives: Recent Posts

Vermont to Prohibit Employers from Using Credit Reports for Employment Decisions Starting July 1

Continuing the trend of states stopping employers from routinely obtaining credit reports on applicants and employees to use in making employment decisions, Vermont Act No. 154 (S. 95) prohibits employers in the state, subject to various exceptions, from using or inquiring into credit reports or credit histories of job applicants and employees in the employment context and further prohibits discriminating against individuals based on their credit information. Vermont is the eighth state to restrict the use of credit reports by employers, joining California, Connecticut, Hawaii, Illinois, Maryland, Oregon, and Washington. The text of the new law, which goes into effect July 1, 2012, is available at: Continue reading

FTC Fines Data Broker Spokeo 800000 Dollars to Settle Charges of Violating Fair Credit Reporting Act

In the first Federal Trade Commission (FTC) case to address the sale of Internet and social media data in the employment screening context, Spokeo, Inc. – a data broker that compiles and sells detailed information profiles on millions of consumers – has agreed to pay a $800,000 fine to settle FTC charges that the company marketed profiles to companies in the human resources, background screening, and recruiting industries without taking steps to protect consumers required under the Fair Credit Reporting Act (FCRA), according to a press release at Continue reading

Criminal Records Used for Background Checks Much Harder to Obtain at San Luis Obispo Court

Citing budget and time constraints on staff, San Luis Obispo (California) Superior Court officials have stopped immediate window service for people seeking bulk criminal record information for background checks and requests for multiple criminal records must be submitted in writing at the counter or by mail, according to a story in the San Luis Obispo Tribune. The Tribune also reports that requests will be processed on a “first-come, first-serve” basis and research taking longer than 10 minutes will cost $15 and copies will cost 50 cents per page. The Tribune report is available at: Continue reading

New EEOC Guidance on Criminal Background Checks Could Place Employers in Catch 22 Situation

The new U.S. Equal Employment Opportunity Commission (EEOC) Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 issued on April 25, 2012 could impose undeserved liability and risk on employers by placing them in an irreconcilable “Catch 22” situation where they will have to choose between conducting criminal background checks and risking liability for supposedly violating the EEOC’s Guidance or abandoning background checks and risking liability for criminal conduct by employees, according to a Legal Memorandum from The Heritage Foundation: “The Dangerous Impact of Barring Criminal Background Checks: Congress Needs to Overrule the EEOC’s New Employment ‘Guidelines.’” Continue reading

International Background Checks and New EEOC Guidance Explained in Webinars on June 13 and June 14

Attorney and safe hiring expert Lester Rosen, Founder and CEO of background check firm Employment Screening Resources (ESR), will host an hour long webinar titled ‘International Background Checks: Global Due Diligence and Legal Compliance’ with Avant Resources on Wednesday, June 13, 2012 from 12:00 PM to 1:00 PM Pacific Time (3:00 PM to 4:00 PM Eastern). For more information about the webinar, visit: Rosen will also present a webinar on Thursday, June 14, 2012 titled ‘Practical Steps Employers Can Take to Comply with the New EEOC Criminal Guidance’ from 11:00 AM to 12:00 PM Pacific Time (2:00 PM to 3:00 PM Eastern). Seats to the complimentary webinar may be reserved at: Continue reading

Law Requiring Criminal Background Checks for Bus Drivers Called For Following NTSB Report on Fatal NY Crash

New York State Transportation Committee Chairman Charles J. Fuschillo, Jr. (R-Merrick) has called on the New York State Assembly to pass legislation (S5171B) that would require criminal background checks for bus drivers following a new National Transportation Safety Board (NTSB) report that examined a tragic March 12, 2011 bus crash in Bronx, NY which killed 15 people and recommended more comprehensive driver history checks of bus drivers, according to a press release posted by Fuschillo on his official website. A synopsis of the NTSB report, including a complete list of the safety recommendations, is available at Continue reading

EEOC Criminal Record Guidance Webinar Featuring Background Check Expert Scheduled for June 14

One of the premiere experts in the field of background checks, Attorney Lester Rosen, Founder and CEO of Employment Screening Resources (ESR), will present a webinar titled ‘Practical Steps Employers Can Take to Comply with the New EEOC Criminal Guidance’ on Thursday, June 14, 2012 from 11:00 AM to 12:00 PM Pacific Daylight Time. Seats to the complimentary webinar, which will provide participants a pathway to compliance with the new Equal Employment Opportunity Commission (EEOC) Enforcement Guidance on the use of criminal records, may be reserved at:

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Background Check Webinar Shows What Employers Must Know Before Screening Job Candidates

Attorney Lester Rosen, Founder and CEO of accredited background check firm Employment Screening Resources (ESR), will host a 90 minute webinar titled ‘What You Must Know Before Conducting Your Next Candidate Background Check’ with Thompson Interactive on Monday, June 11th, 2012 from 2 PM to 3:30 PM Eastern (11 AM to 12:30 PM Pacific). To register for the webinar, which is worth 1.5 Human Resource Certification Institute (HRCI) credits, visit: Continue reading

Massachusetts CORI Reform Law Effective May 4 2012

The Massachusetts Department of Criminal Justice Information Services (DCJIS) has launched a new Criminal Offender Record Information (CORI) request service online called ‘iCORI’ that will allow individuals and organizations to request and obtain Massachusetts criminal offender record information over the Internet. For more information about iCORI, one of the main provisions of the new CORI Reform law that took effect on May 4, 2012, visit the DCJIS web page at: Continue reading

May 2012 Employment Situation Report Shows US Economy Added Only 69000 Jobs

Total nonfarm payroll employment in the U.S. added only 69,000 jobs in May 2012 while the unemployment rate rose to 8.2 percent, according to ‘THE EMPLOYMENT SITUATION — MAY 2012’ released today by the U.S. Department of Labor’s Bureau of Labor Statistics. The May 2012 report also revised the change in employment for April 2012 from 115,000 jobs added down to 77,000 jobs and figures for March 2012 were revised from 154,000 jobs added down to 143,000 jobs. The May 2012 Employment Report is available at until the June 2012 Employment Report is released on Friday, July 6, 2012. Continue reading