Category Archives: Recent Posts

Top Background Check Trends in 2013 Discussed at San Mateo County EAC Program on August 28

The San Mateo County Employer Advisory Council (EAC) in partnership with the Employment Development Department (EDD) will present the program ‘The Top Trends for Background Checks in 2013 – What Every Employer Needs to Know’ featuring Orianna “Ory” Tucker, Client Experience Director of Employment Screening Resources® (ESR), on Wednesday, August 28, 2013 from 12:00 Noon PM to 1:00 PM at the Crown Plaza Hotel in Foster City, CA. For more information and to register for the program, please visit http://www.esrcheck.com/file/EACFlyerSanMateoCountyAugust2013.pdf. Continue reading

FTC Settlement for 3.5 Million Dollars with Check Services Company Demonstrates Importance of Following FCRA

One of the nation’s largest check authorization service companies has agreed to pay $3.5 million to settle Federal Trade Commission (FTC) charges that it allegedly violated the Fair Credit Reporting Act (FCRA). Although the company is not a firm providing employment background checks, it did provide services under the FCRA and is subject to many of the same rules that apply to background screening firms. A press release from the FTC concerning the $3.5 million penalty – the second largest in an FCRA matter – is available at http://www.ftc.gov/opa/2013/08/certegy.shtm. Continue reading

New Seattle Ban the Box Law Limits Use of Criminal History for Employment Screening Starting November 1

Employers in Seattle, Washington will need to comply with new “Ban the Box” legislation – Ordinance 124201 – that will limit the use criminal history records for employment screening during the initial hiring process starting on November 1, 2013. The complete text of Ordinance 124201, which will create a new ‘Chapter 14.17 The Use of Criminal History in Employment Decisions’ of the Seattle Municipal Code, is available at http://www.clerk.ci.seattle.wa.us/~archives/Ordinances/Ord_124201.pdf. Continue reading

Maine Revises State Fair Credit Reporting Act to be More Consistent with Federal FCRA

Maine Governor Paul LePage signed LD 1410 in June of 2013 to update the state’s consumer reporting law by adopting most of the provisions of the federal Fair Credit Reporting Act (FCRA), 15 United States Code, Section 1681 et seq., as amended. LD 1410 incorporates the federal fair credit reporting laws into state law while preserving enhanced protections found in current state law in Maine. The full text of LD 1410 is available at http://www.mainelegislature.org/legis/bills/bills_126th/billtexts/SP050401.asp. Continue reading

USCIS Seeks Volunteers for Study of Enhanced Form I-9 for Employment Eligibility Verification

The U.S. Citizenship and Immigration Services (USCIS) is seeking nine employers from the public to volunteer to assist in a study to determine how much time it takes employers to complete an enhanced version of Form I-9, Employment Eligibility Verification that USCIS is developing, according to a bulletin from the USCIS available at http://content.govdelivery.com/bulletins/gd/USDHSCIS-858773. Continue reading

EEOC Background Check Lawsuit Dismissed by Court Based On Unreliable Expert Reports

In a Memorandum Opinion issued in the case of Equal Employment Opportunity Commission (EEOC) v. Freeman, Judge Roger Titus of the U.S. District Court for the District of Maryland dismissed a lawsuit brought by the EEOC alleging that corporate events service provider Freeman, Inc. “unlawfully relied upon credit and criminal background checks that caused a disparate impact against African-American, Hispanic, and male job applicants,” according to a blog on WorkplaceClassAction.com. The blog is available at http://www.workplaceclassaction.com/2013/08/court-dismisses-eeocs-background-check-lawsuit-based-on-its-reliance-on-laughable-and-unreliable-expert-report-filled-of-errors-and-analytical-fal/. Continue reading

Attorneys General from Nine States Send Letter to EEOC Expressing Concern about Background Check Ban

The Attorneys General from nine states – Alabama, Colorado, Georgia, Kansas, Montana, Nebraska, South Carolina, Utah, and West Virginia – have sent a letter to the U.S. Equal Employment Opportunity Commission (EEOC) expressing concern about two recent lawsuits filed by the EEOC against companies that use criminal background checks when hiring new employees. The signed letter dated July 24, 2013 is available at http://www.esrcheck.com/file/Atty-General-Criticism-of-EEOC_2013-7-24.pdf. Continue reading

Report Finds Many FBI Criminal Background Checks for Employment Contain Inaccurate Information

The National Employment Law Project (NELP) has released a report – ‘Wanted: Accurate FBI Background Checks for Employment’ – that estimates 1.8 million workers a year are subjected to Federal Bureau of Investigation (FBI) background checks that contain “faulty or incomplete information” and that as many as 600,000 of those workers “may be prejudiced in their job search” because of inaccurate FBI records. The complete report is available at http://nelp.3cdn.net/bd23dee1b42cff073c_8im6va8d2.pdf. Continue reading

Safe Hiring Expert to Discuss Use of Criminal Convictions in Employment at 2013 ABA Annual Meeting in San Francisco

Attorney Lester S. Rosen, Founder and CEO of background check firm Employment Screening Resources® (ESR), will discuss the ‘Use of Criminal Convictions in Employment’ on Friday, August 9, 2013 for the Section of Labor and Employment Law at the 2013 American Bar Association (ABA) Annual Meeting in San Francisco, CA. The panel discussion will take place from 2:00 PM to 3:30 PM PST in Moscone Center West, Room 3007, Third Floor. For more information about the Section of Labor and Employment Law at the 2013 ABA Annual Meeting, visit http://www.americanbar.org/groups/labor_law/events_cle/abalel_annual.html. Continue reading

Trucking Company Faces Class Action Lawsuit Over Employment Background Checks

A class action lawsuit filed against Swift Transportation in a Virginia federal court claims the company allegedly failed to tell more than 10,000 job applicants that they could “access the same information as the company for background checks and question the information the company reviews in making hiring decisions,” according to a story on TruckingInfo.com. The complete story is available at http://www.truckinginfo.com/news/story/2013/07/swift-transportation-faces-lawsuit-over-background-checks.aspx. Continue reading