Category Archives: Recent Posts

California Bill to Prohibit Cities and Counties from Asking about Criminal History on Job Applications Fails

A California Assembly bill – AB 1831 – that would have prohibited cities and counties in the state from requesting criminal background information on initial job applications failed when the Senate Governance and Finance Committee decided not to extend similar restrictions on criminal record inquiries California adopted for state employees in 2010 to local governments, the Sacramento Bee reports. Introduced by Assemblyman Roger Dickinson (D-Sacramento) to help job seekers with a criminal history compete fairly with other applicants, AB 1831 would have allowed local governments to run background checks after finding the job applicant initially qualified. The text of the bill, which Dickinson said he will try to re-introduce next year, is available here: California Assembly Bill 1831. Continue reading

DOL Hiring Discrimination Case against Federal Contractor Involving Applicant Screening Settled for Two Million Dollars

The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) has announced a federal contractor has agreed to settle “allegations of systemic discrimination stemming from the company’s applicant screening process”  that discriminated against 795 female and minority applicants by denying them the opportunity to advance to the interview stage. Under terms of the agreement, the company will pay $2 million in back wages and interest to the qualified applicants, make at least 50 job offers to members of the original class as positions become available, and undertake extensive self-monitoring measures to ensure all hiring practices fully comply with the law. The DOL news release is available at: http://www.dol.gov/opa/media/press/ofccp/OFCCP20120576.htm. Continue reading

Second Phase of Georgia E-Verify Law Requires Employers with 100 to 499 Employees to Comply by July 1

As part of the phasing in process for Georgia’s ‘HB 87 – Illegal Immigration Reform and Enforcement Act of 2011,’ the second phase of the law requires private businesses in the state “with 100 or more employees but fewer than 500 employees” to use the E-Verify electronic employment eligibility verification system by July 1, 2012 to verify the legal work authorization status of newly hired employees to work in the United States. The full text of the law is available at: http://www1.legis.ga.gov/legis/2011_12/sum/hb87.htm. Continue reading

Top Ten Background Check Trends for 2012 Reviewed at SHRM Annual Conference on June 26

Since employers can be the subject of lawsuits for negligent hiring if they hire a worker they should have known – through the exercise of due diligence background checks – was too dangerous or unqualified, Attorney Lester Rosen, Founder and CEO of Employment Screening Resources (ESR), will present the session ‘The Top 10 Trends for Background Checks in 2012 – What Every Employer Needs to Know’ on Tuesday, June 26, 2012 from 2:15 p.m. to 3:30 p.m. Eastern Standard Time at the Society for Human Resource Management (SHRM) 2012 Annual Conference and Exposition in Atlanta, Georgia. For more information about the session, visit http://annual.shrm.org/sessionplanner/session/1531. Continue reading

International Background Checks Explored at SHRM 2012 Annual Conference and Exposition on June 25

To assist Human Resources professionals in performing screening on job candidates who have lived, worked, and studied overseas, Attorney Lester Rosen, Founder and CEO of Employment Screening Resources (ESR), will present the session ‘International Background Checks: Global Due Diligence and Legal Compliance’ on Monday, June 25, 2012 from 4:00 p.m. to 5:15 p.m. Eastern at the Society for Human Resource Management (SHRM) 2012 Annual Conference and Exposition in Atlanta, Georgia. For more information about the session, visit http://annual.shrm.org/sessionplanner/session/1537. Continue reading

Background Checks Prevent Employee Fraud in Workplace According to Safe Hiring Expert at ACFE Conference

In an article from the Orlando Business Journal, ‘Pre-screening new employees prevents fraud in workplace,’ Attorney Lester Rosen, CEO of Employment Screening Resources (ESR), indicated there is a “statistical certainty” that a company that does not background check job applicants will hire an employee with an “unsuitable” criminal record or false credentials. Rosen made the comments while discussing employee fraud and how to prevent it in the workplace at the Association of Certified Fraud Examiners (ACFE) 23rd Annual Conference and Exhibition in Orlando, Florida. The article is available at: http://www.bizjournals.com/orlando/news/2012/06/22/pre-screening-new-employees-prevents.html. Continue reading

Many Small Businesses Unaware of New EEOC Enforcement Guidance on Use of Criminal Records by Employers

According to a recent New York Times article, ‘Wait. A Business Can Be Sued for NOT Hiring Criminals?’, many small business owners do not know it is illegal for employers to impose a “blanket ban” on hiring job applicants with criminal histories and are not aware that the Equal Employment Opportunity Commission (EEOC) – the agency that enforces federal laws prohibiting employment discrimination – recently voted to update Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. The NY Times article is available at: http://www.nytimes.com/2012/06/21/business/smallbusiness/us-presses-on-illegal-bias-against-hiring-those-with-criminal-records.html. The EEOC guidance is available at: http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm. Continue reading

National Association of Professional Background Screeners to Release Study Affirming Accuracy of Background Checks

The National Association of Professional Background Screeners (NAPBS) has announced in press release that a recent study of background screening companies affirms the accuracy of background checks and refutes a report recently issued by the National Consumer Law Center (NCLC) that accused background screeners of routinely making mistakes. The NAPBS report, scheduled to be released later this summer, found that 98 percent of background screening providers surveyed encountered consumer disputes less than 5 percent of the time out of millions of background checks performed annually, and more than 95 percent of those disputed background check reports were ultimately found to be accurate. The NAPBS press release is available at: http://www.prweb.com/releases/prweb2012/6/prweb9603002.htm. Continue reading

Background Check Expert to Present Two Sessions at SHRM 2012 Annual Conference and Exposition

Attorney and background check expert Lester Rosen, Founder and CEO of Employment Screening Resources (ESR), will present two sessions at the Society for Human Resource Management (SHRM) 2012 Annual Conference and Exposition in Atlanta, Georgia. Rosen will present ‘International Background Checks: Global Due Diligence and Legal Compliance’ on Monday, June 25, 2012 from 4:00 p.m. to 5:15 p.m. Eastern and ‘The Top 10 Trends for Background Checks in 2012 – What Every Employer Needs to Know’ on Tuesday, June 26, 2012 from 2:15 p.m. to 3:30 p.m. Eastern. For more information about the sessions, visit http://annual.shrm.org/sessionplanner/session/1537 and http://annual.shrm.org/sessionplanner/session/1531. Continue reading

AAU Implements Background Check Program for Staff and Volunteers to Ensure Safety of Youth Athletes

The national Amateur Athletic Union (AAU) has released a comprehensive report from two independent task forces – ‘Recommendations to the Amateur Athletic Union from the Youth Protections and Adult/Volunteer Screening Task Forces’ – and announced actions to implement steps to protect the well being of hundreds of thousands of young athletes that include requiring that all adults involved in AAU activities – including coaches, staff, and volunteers – undergo detailed background checks, according to an AAU press release. The full 31-page report is available at http://image.aausports.org/dnn/pdf/TFreportfinal.pdf. Continue reading