Tag Archives: Background Checks

California Drug and Alcohol Counselors Not Required to Undergo Background Checks

An investigation by the California Senate has revealed that drug and alcohol counselors in the state are not required to undergo background checks and found that 23 sex offenders were permitted to work as rehab counselors, with the actual number probably higher. The report released in May 2013 – ‘Suspect Treatment: State’s lack of scrutiny allows unscreened sex offenders and unethical counselors to treat addicts’ – was prepared by researcher John Hill for the California Senate Office of Oversight and Outcomes and is available at http://www.scribd.com/doc/141335423/051313-Suspect-Treatment. Continue reading

Minnesota Extends Ban the Box Provision Removing Criminal Record Question from Job Applications to Private Sector Hiring

Governor Mark Dayton of Minnesota has signed into law Senate File 523 (SF 523) that will eliminate the checkmark box asking about criminal history on most job applications and limit private sector employers in the state from asking about criminal records of job applicants until an interview or a conditional job offer. The new law extends the “Ban the Box” provision that currently exists in public employment to private employers. For more information about SF 523 – which will take effect on January 1, 2014 – visit https://www.revisor.mn.gov/bills/bill.php?b=House&f=SF0523&ssn=0&y=2013. Continue reading

New California Case Underscores Employers Confidential and Privacy Obligations Regarding Employment Screening Background Reports

A new California privacy case underscores the need for employers to respect the privacy of job applicants and maintain confidentially, regardless of whether information is shared in written form or in conversation. Although the case did not involve background checks, it concerned discussion of an employee’s personal medical condition with co-workers. The case is Ignat vs. YUM! Brands, Inc. filed March 18, 2013 for the California Fourth Appellate District. Continue reading

Minnesota Ban the Box Bill Regarding Criminal Records of Job Applicants Sent to Governor for Signature

A “Ban the Box” bill approved by the Minnesota House – SF 523 – would prevent private employers in the state from asking about the criminal history of job applicants until an interview or a conditional job offer. The bill has now been presented to Governor Mark Dayton for his signature, according to a report from the Star Tribune available at http://www.startribune.com/politics/statelocal/206699841.html. Continue reading

Safe Hiring Expert to Discuss Background Checks at 2013 Gulf Coast Symposium on Human Resource Issues

Attorney and safe hiring expert Lester Rosen, Founder and CEO of Employment Screening Resources® (ESR), will discuss background checks during two sessions at the 2013 Gulf Coast Symposium on Human Resource Issues on Wednesday, May 15, 2013 at the Reliant Center in Houston, Texas. Rosen’s first session will focus on international background checks while his second session will reveal the top background check trends for 2013. For more information about the 2013 Gulf Coast Symposium on Human Resource Issues, visit http://www.hrhouston.org/displaycommon.cfm?an=1&subarticlenbr=235. Continue reading

Federal Trade Commission Warns Data Brokers about Possible Fair Credit Reporting Act Violations

The Federal Trade Commission (FTC) has sent letters to ten data broker companies to warn them that their practices could violate the Fair Credit Reporting Act (FCRA). The letters were issued as part of a global privacy protection effort after a test-shopping operation by the FTC indicated the ten companies were willing to sell consumer information without following FCRA requirements. A news release from the FTC about the warning letters is available at http://www.ftc.gov/opa/2013/05/databroker.shtm. Continue reading

Maryland Becomes Latest State to Ban the Box Asking Questions about Criminal History from Job Applications

With the signing Senate Bill 4 (SB 4) by Governor Martin O’Malley, Maryland became the ninth U.S. state to “Ban the Box” and remove questions about criminal history from state job applications while also postponing questions about criminal records of applicants until later in the hiring process.  SB 4 removes the criminal history question from state applications and defers the background check to later in the hiring process. To read SB 4, visit http://mgaleg.maryland.gov/2013RS/bills/sb/sb0004E.pdf. Continue reading

FTC Approves Final Order Settling Charges against Criminal Background Check Report Marketers

The Federal Trade Commission (FTC) has approved a final order settling charges that Filiquarian Publishing LLC, Choice Level LLC, and their CEO operated as a consumer reporting agency (CRA) that provided criminal background check reports to be used for employment decisions without taking consumer protection measures required by the Fair Credit Reporting Act (FCRA).  A press release from the FTC about the final order is available at http://www.ftc.gov/opa/2013/05/filiquarian.shtm. Continue reading

HR West 2013 Conference Session to Feature Negligent Hiring Mock Trial on April 23 in Oakland

To help Human Resources professionals understand the importance of due diligence background checks, Attorney Lester Rosen – Founder and CEO of background check firm Employment Screening Resources® (ESR) – will present a session titled ‘Negligent Hiring Mock Trial: HR in the Hot Seat’ at the HR West® 2013 Conference on Tuesday, April 23, 2013. The session takes place from 3:15 PM to 4:30 PM at the Oakland Convention Center in Oakland, California. For more information, visit http://www.hrwest.org/. Continue reading

NAPBS to Hold 2013 Mid-Year Legislative Conference from April 14 to 17 in Arlington VA

The National Association of Professional Background Screeners (NAPBS®) – the voice representing the background screening industry – will hold the NAPBS 2013 Mid-Year Legislative Conference from April 14 to 17, 2013 at the Renaissance Arlington Capital View Hotel in Arlington, Virginia. The Conference will feature the largest collection of background screening professionals in the world and provide education about the latest breakthroughs on laws, best practices, and research in the consumer reporting field. To learn more about the Conference, visit http://www.napbs.com/i4a/pages/index.cfm?pageid=3593. Continue reading