Category Archives: Recent Posts

New EEOC Criminal Guidance Subject of Human Resources Virtual Conference Webcast on January 16

To help all Human Resources professionals involved in recruiting comply with new Equal Employment Opportunity Commission (EEOC) Guidance on the use of arrest and conviction records, Employment Screening Resources (ESR) President Brad Landin will present a webcast titled ‘Dealing with the New EEOC Criminal Guidance’ at the HR.com Quality of Hire Virtual Conference on Wednesday, January 16, 2013 from 11:00 AM to 12:00 PM EST. For more information about the webcast, please visit: http://www.hr.com/en?t=/contentManager/onStory&StoryID=1355511089428. Continue reading

New York Elder Care Facility Sex Offender Law would Require Background Checks of Senior Caregivers

Proposed legislation in New York for an “Elder Care Facility Sex Offender Law” would require senior care facilities to conduct criminal background checks for all employees using the state’s sex offender registry to prevent registered sex offenders from gaining employment. More information about the proposed bill from New York State Assemblyman Jim Tedisco (R,C,I-Glenville) and New York State Senator Kathy Marchione (R,C-Halfmoon), which would close a current loophole in the law, is available in a news release at http://www.marchione2012.com/2013/01/04/tedisco-marchione-call-for-elder-care-facility-sex-offender-law/. Continue reading

Top Ten Background Check Trends for 2013 Released by Employment Screening Resources

Nationwide accredited background check firm Employment Screening Resources (ESR) has released its Sixth Annual ‘ESR Top Ten Background Check Trends for 2013’ featuring emerging and influential trends in the background screening industry selected by ESR Founder and CEO Attorney Lester Rosen. For 2013, the focus on accuracy of background check report information and the greater scrutiny of the screening industry was chosen as the number one trend. The Sixth Annual ‘ESR Top Ten Background Check Trends for 2013’ is available at http://www.esrcheck.com/Top-Ten-Background-Check-Trends-for-2013.php. Continue reading

December 2012 BLS Employment Report Estimates 155000 Jobs Gained while ADP Report Reveals 215000 Jobs Added

Total nonfarm payroll employment in the United States rose by 155,000 jobs in December 2012, bringing the total number of jobs created in 2012 to 1.84 million, according to ‘THE EMPLOYMENT SITUATION — DECEMBER 2012’ released by the U.S. Department of Labor’s Bureau of Labor Statistics (BLS) today. The report also found the unemployment rate remained largely unchanged at 7.8 percent while the number of unemployed people, at 12.2 million, also was little changed during the month. The December 2012 report will be available at http://www.bls.gov/news.release/pdf/empsit.pdf until the January 2013 Employment Situation Report is released on Friday, February 1, 2013. Continue reading

Background Screening Industry Faces Greater Scrutiny after Accuracy of Criminal Background Checks Questioned

In 2012, after reported cases of inaccurate criminal background checks costing job seekers employment, the background screening industry faced greater scrutiny over accuracy of reports. This increased attention included a Federal Trade Commission (FTC) report recommending regulations on data brokers, the FTC charging companies with alleged Fair Credit Reporting Act (FCRA) violations, a National Consumer Law Center (NCLC) report on inaccurate background checks, two New York Times editorials, the Consumer Financial Protection Bureau (CFPB) increasing supervision of background checks, and an NBC Today Show report on background check errors. In response, the National Association of Professional Background Screeners (NAPBS) refuted reports critical of the screening industry and pointed to an accreditation program created to improve accuracy. This focus on accuracy is Trend 1 of the 6th Annual ‘ESR Top Ten Background Check Trends for 2013’ available at http://www.esrcheck.com/Top-Ten-Background-Check-Trends-for-2013.php. Continue reading

EEOC Updates Guidance on Criminal Records to Prevent Employment Discrimination during Background Checks

On April 25, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) – the agency that enforces federal laws prohibiting employment discrimination – voted 4 to 1 to update the Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. According to the EEOC, the updated Guidance builds on longstanding court decisions and guidance documents that the EEOC issued over 20 years ago and focuses on employment discrimination based on race and national origin. This greater focus by the EEOC on how employers use criminal records is Trend 2 of the 6th Annual ‘ESR Top Ten Background Check Trends for 2013’ available at http://www.esrcheck.com/Top-Ten-Background-Check-Trends-for-2013.php. Continue reading

Top 20 Stories for Background Check Screening for 2012 from Employment Screening Resources

For the last day of the year, nationwide accredited background check provider Employment Screening Resources (ESR)http://www.esrcheck.com – has chosen the following ‘Top 20 Stories for Background Check Screening for 2012’ from the ESR News blog at http://www.esrcheck.com/wordpress/. Here are the top 20 stories for 2012 from ESR in order of the date posted: Continue reading

Ban the Box Movement Removing Question about Criminal Records from Job Applications Spreads Across United States

In December 2012, Pittsburgh, Pennsylvania and Wilmington, Delaware became the latest U.S. cities to join the growing “ban the box” movement when the City Council passed legislation that eliminated the check box asking about criminal history from job applications for the city. Pittsburgh joined other U.S. cities such as Boston, Chicago, Detroit, Philadelphia, San Francisco, Seattle, and Washington DC in banning the box. Reports from the National Employment Law Project (NELP) reveal more than 40 cities and counties and seven states have adopted “ban the box” policies that remove questions about criminal history from job application forms and delay them until later in the hiring process to ensure that qualified job applicants with arrest or conviction records are not unfairly shut out from employment opportunities. This growing trend is Number 3 of the 6th Annual ‘ESR Top Ten Background Check Trends for 2013’ available at http://www.esrcheck.com/Top-Ten-Background-Check-Trends-for-2013.php. Continue reading

New Privacy Laws for Collection and Use of Personal Data of Consumers Focus on Background Checks

In an effort to create stronger privacy protections for consumers, several states passed laws in 2012 regarding the collection and use of Personally Identifiable Information (PII) of applicants and employees by employers during background checks, or had important privacy regulations passed in previous years take effect. In addition, the Federal Trade Commission (FTC) is requiring nine data broker companies that collect and sell personal information of consumers to reveal their privacy practices or lack thereof. The increased regulations for greater privacy protections for data collected during background checks is Trend Number 4 of the 6th Annual ‘ESR Top Ten Background Check Trends for 2013’ available at http://www.esrcheck.com/Top-Ten-Background-Check-Trends-for-2013.php. Continue reading

Offshoring Personal Data of Americans to Foreign Countries for Background Checks Opposed by Many US Screening Firms

When applicants in the United States apply for jobs, they usually undergo a background check using a disclosure and consent form required by law where they provide Personally Identifiable Information (“PII”) such as name, date of birth, and Social Security number (“SSN”).  What many job applicants and employers do not know is that certain U.S. background check firms “offshore” PII to foreign call centers and data processing locations beyond the protection of U.S. privacy and identity theft laws. However, many screening companies oppose the practice of “offshoring” out of concern that the practice provides little protection against identity theft and loss of privacy. The controversy over offshoring and employer concerns about the process is Trend Number 5 of the 6th Annual ‘ESR Top Ten Background Check Trends for 2013’ available at http://www.esrcheck.com/Top-Ten-Background-Check-Trends-for-2013.php. Continue reading