EEOC Sues Con Edison for Allegedly Requiring Job Applicants to Submit to Medical Exams and Provide Genetic Information

Written By ESR News Blog Editor Thomas Ahearn On September 27, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) – the agency that enforces federal laws prohibiting employment discrimination – filed a complaint against Consolidated Edison Inc. (Con Edison or Con Ed) that “accused the utility of improperly requiring job applicants to submit to medical examinations …

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EEOC Increases Fines 150 Percent for Employers Violating Notice Posting Requirements

Written By ESR News Blog Editor Thomas Ahearn The U.S. Equal Employment Opportunity Commission (EEOC) has announced in a final rule published in the Federal Register a 150 percent increase to the monetary fine for employers who fail to follow notice-posting requirements for Title VII of the Civil Rights Act of 1964 (Title VII), the …

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Safe Hiring Expert to Present Session at HR West 2012 Conference on Laws Regulating Employment Screening

To help employers examine their background screening process against state and federal laws to ensure legal compliance, safe hiring expert Attorney Lester Rosen, CEO of San Francisco-area based background check firm Employment Screening Resources (ESR), will present the session ‘Extreme Caution Advised: Dealing With Federal and State Laws Regulating Pre-employment Screening and Safe Hiring,’ at the …

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Discrimination and Disparate Impact of High School Diploma Requirement for Learning Disabled Discussed in EEOC Letter

The U.S. Equal Employment Opportunity Commission (EEOC) Office of Legal Counsel recently wrote an informal discussion letter in response to an inquiry from a member of the public asking whether the Americans with Disabilities Act (ADA), as amended by the ADA Amendments Act (ADAAA) of 2008, prohibited a state from requiring students with learning disabilities …

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Court Finds One Strike Rule Drug Test Policy for Employment Screening Does Not Violate Americans with Disabilities Act

According to a recent ruling from the 9th U.S. Circuit Court of Appeals, a hiring policy that permanently disqualifies job candidates from future employment for failing a so-called ‘one strike rule’ drug test that eliminates from consideration job applicants who test positive for drug or alcohol use during the pre-employment screening process does not violate …

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Questions about Criminal Records of Job Applicants Become More Difficult for Employers to Ask

by Lester Rosen, Employment Screening Resources (ESR) President & Thomas Ahearn, ESR News Editor Employers have become increasingly aware of the importance of knowing if a job applicant has a criminal record since they have a legal duty to make reasonable inquiries about who they hire in order to provide a safe workplace. An employer …

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Continual Employment Screening Background Checks on Current Employees Carries Risks

By Lester Rosen, Employment Screening Resources (ESR) President In a recent blog on ‘Background Checks: Trends and Legal Issues’ on HR Toolbox by background check expert and Attorney at Law Lester Rosen, the verdict on whether or not the advantages of periodic background checks of current employees outweigh the disadvantages is: “the jury is still out.” …

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Challenges of Drug Testing Employees for Prescription Drugs Revealed in NY Times Article

By Thomas Ahearn, ESR News Editor The story of a woman who lost her job after working more than two decades at an automotive plant because of a failed drug test in which she tested positive for a legally prescribed drug is revealed in a recent  New York Times article, ‘Drug Testing Poses Quandary for Employers.’ The woman’s …

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Use of Workers' Compensation Records: Extreme Caution Advised

By Lester Rosen, Founder & CEO of Employment Screening Resources (ESR) Employers have become very aware of the high costs of workers’ compensation claims. The loss to American business from both fraudulent claims and re-injury causes many employers to want to know whether a job applicant has a history of filing workers’ compensation claims. At …

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