Category Archives: Recent Posts

EEOC Holds Meeting on Use of Big Data in Background Checks for Employment Decisions


Written By ESR News Blog Editor Thomas Ahearn

On October 13, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) held a public meeting at agency headquarters in Washington, D.C. on how “Big Data” – the use of algorithms, data scraping of the internet, and other means of evaluating thousands of pieces of information about an individual – is being used to make hiring and other employment decisions during background checks, according to an EEOC press release. Continue reading

Judge Dismisses FCRA Class Action Lawsuit Against Lyft Citing Supreme Court Spokeo Decision


Written By ESR News Blog Editor Thomas Ahearn

A California federal court judge has dismissed a class action lawsuit filed against Lyft, Inc. over alleged violations of the federal Fair Credit Reporting Act (FCRA) during the transportation network company’s background check process citing the Supreme Court decision in Spokeo, Inc. v. Robbins that held plaintiffs must show concrete injury when alleging FCRA violations. Continue reading

Civil Rights Group Concerned Amazon Policy on Background Checks May Harm Minority Drivers


Written By ESR News Blog Editor Thomas Ahearn

The Lawyers’ Committee for Civil Rights and Economic Justice has sent a letter to Amazon that expresses “profound concern” over recently implemented policies on background checks by the company that resulted in the mass termination of dozens of primarily Black and Latino Amazon drivers, including the firing of 30-40 such employees on a single day in the Boston, MA area. Continue reading

Court Rules Structure of CFPB is Unconstitutional


Written By ESR News Blog Editor Thomas Ahearn

The U.S. Court of Appeals for the District of Columbia Circuit has ruled the structure of an independent agency established by Congress in the Dodd-Frank Act of 2010 – the Consumer Financial Protection Bureau (CFPB) – is unconstitutional and that the current CFPB Director “enjoys more unilateral authority than any other officer in any of the three branches of the U.S. Government, other than the President.” Continue reading

DOJ and EEOC Report Finds Background Checks Can Be Barrier to Advancing Diversity in Law Enforcement


Written By ESR News Blog Editor Thomas Ahearn

The Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) have released a comprehensive report entitled “Advancing Diversity in Law Enforcement” that examines many promising practices as well as possible barriers – including criminal background checks – in recruitment, hiring, and retention for advancing diversity in law enforcement. Continue reading

Department of Education Upholds Recommendation to Remove ACICS Accreditation


Written By ESR News Blog Editor Thomas Ahearn

The Department of Education (ED) has upheld the ED staff and the National Advisory Council on Institutional Quality and Integrity (NACIQI) recommendations  that the Accrediting Council for Independent Colleges and Schools (ACICS) should no longer be recognized as an agency that can provide schools with an accreditation that makes them eligible for participation in federal aid. A copy of this decision is available online at Continue reading

U.S. Economy Adds 156,000 Jobs in September 2016

BLS Jobs Report

Written By ESR News Blog Editor Thomas Ahearn

The U.S. economy added 156,000 jobs in September 2016 while the unemployment rate and the number of unemployed persons rose slightly to 5.0 percent and 7.9 million respectively in the month, according to the Employment Situation report released by the Bureau of Labor Statistics. Continue reading

California to Prohibit Employers from Considering Juvenile Records for Employment Purposes


Written By ESR News Blog Editor Thomas Ahearn

California Governor Jerry Brown has signed legislation taking effect January 1, 2017 – Assembly Bill No. 1843 – that will amend the California Labor Code to prohibit employers from considering certain juvenile records for employment purposes or asking a job applicant to disclose information concerning certain juvenile records occurring while that person was subject to juvenile court law. Continue reading

NAPBS Submits Comments to Los Angeles Mayor and City Council Regarding Ban the Box Legislation

NAPBS logo

Written By ESR News Blog Editor Thomas Ahearn

The National Association of Professional Background Screeners (NAPBS) has submitted comments to Los Angeles Mayor Eric Garcetti and the LA City Council regarding proposed “ban the box” legislation noting that rule amendments would pose “severe compliance challenges” for employers in the city, especially Consumer Reporting Agencies (CRAs) currently regulated by the federal Fair Credit Reporting Act (FCRA). Continue reading

National Background Investigations Bureau Launched to Ensure Integrity of Federal Workforce


Written By ESR News Blog Editor Thomas Ahearn

On October 1, 2016, the National Background Investigations Bureau (NBIB) was officially launched with the mission of “delivering efficient and effective background investigations to ensure the integrity and trustworthiness of the Federal workforce.” Continue reading