Category Archives: Recent Posts

EEOC Discrimination Charge Filed Against Department Store Chain Over Criminal Background Check Policies and Practices

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Written By ESR News Blog Editor Thomas Ahearn

On May 15, 2017, employment law firm Outten & Golden LLP filed an Equal Employment Opportunity Commission (EEOC) charge on behalf of The Fortune Society against Macy’s, Inc. claiming “the retailer’s criminal background check policies and practices used to screen job applicants results in discrimination in violation of federal and local laws,” according to a press release from Outten & Golden LLP. Continue reading

Appeals Court Finds No Concrete Injury in FCRA Lawsuit Over Incorrect Information on Credit Report

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Written By ESR News Blog Editor Thomas Ahearn

On May 11, 2017, the U.S. Court of Appeals for the Fourth Circuit decided in Dreher v. Experian Information Solutions, Inc., et al that the plaintiff’s claim that Experian violated the federal Fair Credit Reporting Act (FCRA) by listing a defunct company on his credit report – thus denying him access to information to which he was entitled – failed to establish a “concrete injury” under Article III of the U.S. Constitution. Continue reading

Inaccurate Background Check Leads Applicant to File Class Action Lawsuit against Prospective Employer

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Written By ESR News Blog Editor Thomas Ahearn

A Booneville, Indiana woman who was shocked to learn she would not be hired for a nursing job when an employment background check report revealed that she had “multiple felonies” – even though she insists she has “a squeaky clean criminal record” – has filed a class action lawsuit against her prospective employer that requested the background check, according to a story from The Indianapolis Star. Continue reading

State Department Publishes Notice in Federal Register Proposing to Expand Social Media Screening of Visa Applicants

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Written By ESR News Blog Editor Thomas Ahearn

On May 4, 2017, the U.S. Department of State published a notice in the Federal Register requesting emergency approval by the Office of Management and Budget (OMB) to expand the collection of information though social media screening of some visa applicants by requiring them to divulge their social media “handles” such as identifiers and platforms from the past five years. If approved, the rule takes effect May 18, 2017. Continue reading

Security Experts Call WannaCry Ransomware Attack One of the Largest Global Cyberattacks Ever

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Written By ESR News Blog Editor Thomas Ahearn

Security experts are calling “WannaCry” (also known as “WannaCrypt”) one of the biggest cyberattacks ever after the ransomware program took advantage of a vulnerability in Microsoft Windows to spread to 150 countries and infect at least 200,000 computers around the world by locking down all files and allowing hackers to demand a $300 ransom in bitcoins for their release, according to a report from CNN. Continue reading

Indiana to Prohibit Local Ban the Box Laws that Prevent Employers from Using Criminal History Information

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Written By ESR News Blog Editor Thomas Ahearn

The Indiana General Assembly has passed legislation – Senate Bill 312 (SB 312) – to prohibit “political subdivisions” in the state such as counties, municipalities, and townships from passing “Ban the Box” laws that prevent employers from obtaining or using the criminal history information of job applicants during the hiring process to the extent allowed by federal or state laws and regulations. SB 312 takes effect July 1, 2017. Continue reading

FTC Announces Final Agenda for Identity Theft Conference on May 24

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Written By ESR News Blog Editor Thomas Ahearn

The Federal Trade Commission (FTC) has announced the final agenda for the conference “Identity Theft – Planning for the Future” taking place on May 24, 2017, in Washington, D.C., to examine the state of identity theft now and how the crime may evolve in the future, according to an FTC press release. Continue reading

Judge Dismisses FCRA Lawsuit Involving Background Checks

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Written By ESR News Blog Editor Thomas Ahearn

In March 2017, a federal judge in Minnesota dismissed a class action lawsuit where a woman claimed that her former employer and its related entities “willfully” violated the federal Fair Credit Reporting Act (FCRA) even though she said she did not suffer any “actual damages” but only “informational damages.” Continue reading

Employment Screening Resources Releases Whitepaper Showing How Shortcuts Can Lead to Inaccurate Criminal Records

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Written By ESR News Blog Editor Thomas Ahearn

Employment Screening Resources® (ESR) – a global background check provider – has released a complimentary whitepaper written by ESR founder and CEO Attorney Lester Rosen entitled “21 Shortcuts and Traps that Can Lead to Inaccurate Criminal Records” that is a summary of ways background screening firms could potentially take shortcuts that may undermine the accuracy of criminal records data.  The whitepaper is at www.esrcheck.com/Whitepapers/21-Shortcuts-Lead-To-Inaccurate-Criminal-Records/. Continue reading

Pennsylvania to Ban the Box on State Job Applications

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Written By ESR News Blog Editor Thomas Ahearn

On May 5, 2017, Pennsylvania Governor Tom Wolf announced that a Fair Chance Hiring Policy for state agencies will “Ban the Box” and remove criminal history questions from non-civil service employment applications for agencies under his jurisdiction, according to a news story on the Governor’s website. Continue reading