Category Archives: Recent Posts

Court Finds Hospital Not a Consumer Reporting Agency under FCRA

FCRAbook

Written By ESR News Blog Editor Thomas Ahearn

An Appeals Court has affirmed the judgment of a district court to dismiss a complaint that claimed a hospital violated the federal Fair Credit Reporting Act (FCRA) and found that the hospital was not a “consumer reporting agency” as defined under the FCRA. Continue reading

DOJ and Background Check Contractor Settle Case for $30 Million

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Written By ESR News Blog Editor Thomas Ahearn

The U.S. Justice Department of Justice (DOJ) has announced that a background check contractor agreed to settle allegations of allegedly failing to perform required quality control reviews on background check investigations for the U.S. Office of Personnel Management (OPM) in violation of the False Claims Act (FCA). Continue reading

Texas Attorney General Files Lawsuit against Alleged Diploma Mills

 DiplomaMills2

Written By ESR News Blog Editor Thomas Ahearn

The Texas Attorney General has filed a lawsuit seeking a permanent injunction against a Dallas-based group of alleged “diploma mills” that unlawfully marketed and sold fraudulent high school diplomas and transcripts in violation of the Texas Deceptive Trade Practices Act (DTPA). Continue reading

California Court of Appeal Holds that ICRAA is Not Unconstitutionally Vague

 Gavel

Written By ESR News Blog Editor Thomas Ahearn

A California Court of Appeal has held that the Investigative Consumer Reporting Agencies Act (ICRAA) governing “investigative consumer reports” containing information on a consumer’s character is “not unconstitutionally vague.” Continue reading

CALI Webinar Reveals Dangers Private Investigators Face with Background Checks in California

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Written By ESR News Blog Editor Thomas Ahearn

The California Association of Licensed Investigators (CALI) will sponsor a webinar hosted by Attorney and licensed Private Investigator Lester Rosen titled “Pre-Employment Background Checks in California: Dangers and Landmines Facing Private Investigators” on Wednesday, August 26, 2015 at 2:00 PM Pacific Time. To register for the webinar, please visit http://www.cali-pi.org/events. Continue reading

Fort Myers FL to Ban the Box on City Job Applications

BanTheBox

Written By ESR News Blog Editor Thomas Ahearn

The City of Fort Myers, Florida plans to “Ban the Box” and remove a question on the city’s employment application that asks job seekers applying for city government jobs if they have ever been convicted of a crime, according to a report from NBC 2 in Fort Myers, FL and Cape Coral, FL. Continue reading

Maine Enacts New Social Media Privacy Law

SocialMedia

Written By ESR News Blog Editor Thomas Ahearn

A newly enacted law in Maine – LD 686, HP 467, An Act To Promote Privacy in Social Media – will protect the social media privacy of employees and job applicants law by prohibiting employers from requiring employees or job applicants to disclose passwords or any other means for accessing their personal social media accounts. The new law takes effect October 15, 2015. Continue reading

San Francisco Ban the Box Ordinance May Hurt Ex-Offenders the Law was Meant to Help

BanTheBox

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR)

The San Francisco Fair Chance Ordinance (FCO) that took effect a year ago today on August 13, 2014, requires San Francisco City and County employers with 20 or more workers to follow strict rules about inquiring into and using the criminal record history of job applicants and employees. Continue reading

Judge Refuses to Dismiss EEOC Background Check Lawsuit against BMW

 EEOCGavel

Written By ESR News Blog Editor Thomas Ahearn

A federal judge has refused to dismiss a lawsuit filed by the Equal Employment Opportunity Commission (EEOC) against BMW Manufacturing Co. claiming the criminal background check policy used by BMW to screen workers is unfair to African-Americans, according to a report from CourthouseNews.com. Continue reading

Are Your Background Check Forms Up To Date?

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Written By ESR News Blog Editor Thomas Ahearn

In spring of 2015, the Consumer Financial Protection Bureau (CFPB) made some minor but nevertheless important modifications to a form critical to the employment screening background check process titled “A Summary of Your Rights Under the Fair Credit Reporting Act.” Continue reading