Category Archives: Recent Posts

Background Check Avoided by Janitor Arrested on Drug Charges

An Elementary School janitor who was arrested after a drug round up by police agencies had avoided undergoing any background checks by the Beaumont Independent School District (BISD) that may have uncovered past drug charges because he was hired prior to 2008, according to a report from KMBT 12 News in Beaumont, Texas. Continue reading

Diploma Mills Thriving in California Due to Laid Back Oversight

Unaccredited schools are thriving in California with approximately 147 known “diploma mills,” more than any other U.S. state and a 10 percent increase from the past year, according to the Accredibase™ Report for 2011 from Verifile Limited. The report found the United States to be the most popular location for known diploma mills in the world with roughly 1,008 operating in the country, an increase of 20 percent over the past year. Continue reading

Employment Screening Trends for 2012 Reviewed in Webcast

Attorney Lester Rosen, founder and CEO of nationwide background check company Employment Screening Resources (ESR), will present the webcast ‘Top Ten Trends in Background Checks for 2012’ at the Institute for Human Resources (IHR) Quality of Hire Virtual Event on January 26, 2012 from 11:00 AM to 12:00 PM ET.  To register for the event from IHR, HR.com’s certification and accreditation arm, visit http://www.hr.com/en/webcasts_events/virtual_events/upcoming_virtual_events/quality-of-hire_gog5ufud.html. Continue reading

More Businesses Insourcing American Jobs to United States

American companies are deciding to keep factories and production facilities in the United States and even bring jobs back to the U.S. from overseas after decades of “outsourcing” jobs to other countries, resulting in a growing trend of “insourcing,” according to the story ‘Everything You Need to Know About Insourcing’ on The White House Blog. Continue reading

Discrimination and Disparate Impact of High School Diploma Requirement for Learning Disabled Discussed in EEOC Letter

The U.S. Equal Employment Opportunity Commission (EEOC) Office of Legal Counsel recently wrote an informal discussion letter in response to an inquiry from a member of the public asking whether the Americans with Disabilities Act (ADA), as amended by the ADA Amendments Act (ADAAA) of 2008, prohibited a state from requiring students with learning disabilities to take “Gateway tests” or “end-of-course assessments” in order to receive their full high school diplomas. This letter, which is intended to provide an informal discussion of the issue and does not constitute official EEOC opinion, is at: http://www.eeoc.gov/eeoc/foia/letters/2011/ada_qualification_standards.html. Continue reading

Pepsi Pays 3 Million after EEOC Finds Hiring Discrimination against African Americans with Background Check Policy

Following an investigation by the U.S. Equal Employment Opportunity Commission (EEOC), Pepsi Beverages has agreed to pay $3.13 million and make major policy changes by providing job offers and training to resolve a charge of nationwide hiring discrimination against African Americans with criminal background checks, according to a press release from the EEOC website. The Commission found that the criminal background check policy formerly used by Pepsi discriminated against African Americans in violation of Title VII of the Civil Rights Act of 1964, and most of the monetary settlement will primarily be divided among black applicants for positions at Pepsi. Continue reading

Background Check Trends List for 2012 Topped by Greater Scrutiny of Criminal Record Checks of Job Applicants

The use – and, in some cases, misuse – of criminal background checks of job applicants by employers, a practice which has come under greater scrutiny of the U.S. Equal Employment Opportunity Commission (EEOC), has topped the fifth annual Employment Screening Resources ‘Top 10 Trends in Background Checks’ for 2012. For the past five years, Attorney Lester Rosen, founder and CEO of Employment Screening Resources (ESR) – ‘The Background Check Authority(SM)’ and nationwide background screening firm accredited by the National Association of Professional Background Screeners (NAPBS®) – has compiled a list featuring emerging and influential trends in employment screening background checks for employers. Continue reading

California Bill AB 1450 would Prohibit Discrimination against Unemployed Jobseekers by Employers or Employment Agencies

In an effort to help stop discrimination against unemployed Californians looking for work who may be passed over by employers or employment agencies only interested in hiring applicants who already have a job, newly proposed legislation in the state – California Assembly Bill No. 1450 (AB 1450) – would fine California employers and employment agencies that refuse to consider jobless applicants for job openings. The full text of California AB 1450 is available at: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1401-1450/ab_1450_bill_20120105_introduced.pdf. Continue reading

Criminal Background Checks of Job Applicants by Employers Coming Under Greater Scrutiny by EEOC

With a recent survey showing nine out of ten employers conduct criminal background checks on some or all job candidates, the Equal Employment Opportunity Commission (EEOC) held a public meeting in July 2011 examining the use of arrest and conviction records by employers for criminal background checks to determine if the practice was an unfair and discriminatory hiring barrier to job seeking ex-offenders. The EEOC’s actions, coupled with the growing “Ban the Box” movement seeking to remove the criminal history question from job applications, shows that employer use of criminal records is under fire now more than ever. This is Trend Number 1 of the fifth annual ‘Employment Screening Resources (ESR) Top 10 Trends in Background Checks’ for 2012. To view the list of trends, visit http://www.esrcheck.com/ESR-Top-10-Trends-in-Background-Checks-for-2012.php. Continue reading

Credit Report Background Checks of Job Applicants by Employers Increasingly Regulated by State Laws

In recent years, several U.S. states have passed laws regulating the use of employment credit reports of job applicants and current employees that have impacted the way employers conduct background checks. Seven states – California, Connecticut, Hawaii, Illinois, Maryland, Oregon, and Washington – currently have laws that limit the use of credit report checks by employers for employment purposes, with the most recent law, California Assembly Bill 22 (CA AB 22), taking effect January 1, 2012. Other states, and the U.S. Equal Employment Opportunity Commission (EEOC), are considering further restrictions on credit checks by employers. This is Trend Number 2 of the fifth annual ‘Employment Screening Resources (ESR) Top 10 Trends in Background Checks’ for 2012. To view the list of trends, visit http://www.esrcheck.com/ESR-Top-10-Trends-in-Background-Checks-for-2012.php. Continue reading