Tag Archives: Background Checks

Employment Screening Expert Reviews EEOC Guidance for Criminal Background Checks

Attorney Lester Rosen, founder and CEO of background check firm Employment Screening Resources (ESR), has submitted a letter of public comment to the U.S. Equal Employment Opportunity Commission (EEOC), the agency that enforces federal laws prohibiting employment discrimination, regarding the April 25, 2012 meeting where the EEOC voted 4-1 to approve updated Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. The letter is available at: http://www.esrcheck.com/Les-Rosen-Public-Comment-on-EEOC-Criminal-Guidance.php. Continue reading

News Reports about Bank Firing Employee for 40 Year Old Shoplifting Charge Do Not Tell Entire Story

Recent news reports about how an employee of Wells Fargo in Milwaukee, Wisconsin was fired after a background check uncovered two 40-year-old shoplifting arrests from 1972 when she was 18 do not tell the entire story, according to one safe hiring expert, since there are two avenues that allow applicants and employees with minor offenses to work at banks. A Wells Fargo spokesman said the 58-year-old woman, who worked in customer service in the Home Mortgage department for five years and received numerous recognition awards, was terminated because Federal Deposit Insurance Corporation (FDIC) law prohibits the bank “from hiring or continuing the employment of any person who we know has a criminal record involving dishonesty or breach of trust.” Continue reading

Safe Hiring Expert Reviews Negligent Hiring and Background Checks at CAHSAH 2012 Annual Conference

Attorney at Law and safe hiring expert Lester Rosen, founder and CEO of San Francisco, CA area-based background check firm Employment Screening Resources (ESR), will present a session titled ‘Negligent Hiring and Background Checks – Best Practices and Legal Compliance’ on Tuesday, May 8, 2012 from 2:15 PM to 3:45 PM for the California Association for Health Services at Home (CAHSAH) 2012 Annual Conference at the Pasadena Convention Center in Pasadena, CA. For more information about the CAHSAH 2012 Annual Conference, visit http://cahsah.org/index.php?p=annual_conferences. Continue reading

EEOC Meeting April 25 to Vote on New Guidance for Criminal Records Used by Employers for Background Checks

The U.S. Equal Employment Opportunity Commission (EEOC), the Government agency that enforces federal laws prohibiting employment discrimination, will hold a public meeting on Wednesday, April 25, 2012 to vote on proposed ‘Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964’ to revise guidance on the use of criminal records by employers for employment screening background checks. The meeting will take place at 9:30 A.M. Eastern Time in the Commission Meeting Room on the First Floor of the EEOC Office Building at 131 “M” Street, NE in Washington, D.C.. For more information, visit: http://www.eeoc.gov/eeoc/newsroom/release/4-19-12.cfm. Continue reading

Report Claiming Inaccurate Criminal Background Checks Cost Jobseekers Employment Contains Inaccuracies According to Safe Hiring Expert

A new report on background check companies from the National Consumer Law Center (NCLC) called ‘Broken Records: How Errors by Criminal Background Checking Companies Harm Workers and Businesses’ that claims mistakes on criminal background screening reports conducted for employers prevents many job seekers from finding work “is itself fatally flawed with errors and inaccuracy,” according to a safe hiring expert. To address the “erroneous information and unfounded conclusions” contained in the report, Attorney Lester S. Rosen has written an article, ‘Consumer Group Report on Inaccurate Criminal Background Check Reports Loses Impact Due to Lack of Objectivity and Errors,’ that is available at http://www.esrcheck.com/articles/NCLC-Report-on-Criminal-Background-Checks-Inaccurate.php. Continue reading

Consumer Financial Protection Bureau Asked to Strengthen Enforcement of FCRA for Criminal Background Checks of Job Applicants

The National Employment Law Project (NELP), National Consumer Law Center (NCLC), and Community Legal Services, Inc. (CLS) recently sent a letter to the Consumer Financial Protection Bureau (CFPB) providing information on a proposed Summary of Rights and regulatory changes to strengthen the protections found in the Fair Credit Reporting Act (FCRA) regarding criminal background checks on job applicants for employment. The letter to the CFPB is available at http://www.nelp.org/page/-/SCLP/2012/NELPrecommendationstoCFPBforFCRAenforcement.pdf?nocdn=1. Continue reading

Chamber of Commerce Urges OMB to Require EEOC to Allow Public Input on Background Check Guidance

In a recent letter to the Office of Management and Budget (OMB), the U.S. Chamber of Commerce urged the OMB to require the Equal Employment Opportunity Commission (EEOC), the nation’s leading enforcer of employment anti-discrimination laws, to allow a review by the OMB and public input as the EEOC prepares to issue new enforcement guidance on the use of criminal background checks and credit background checks by employers. The text of the letter from the Chamber regarding ‘Forthcoming Significant Guidance from EEOC on Employer Use of Credit and Criminal History’ is available at: http://op.bna.com/dlrcases.nsf/id/kmgn-8szk2j/$File/ChamberCrim.pdf. Continue reading

San Luis Obispo Court Responds to Criticism over Limiting Public Access to Criminal Records by Citing Privacy Concerns

After the recent closure of a public access computer that had allowed searches of criminal and traffic records led to criticism that public information was now less accessible, the San Luis Obispo (CA) Superior Court officials cited “privacy concerns over outdated criminal and victim information” that was “exposed to background checking contractors” as a reason why the Court removed the public computer terminal on March 19, according to a report in the San Luis Obispo (SLO) Tribune, ‘SLO court closes public computer.’ Continue reading

Top Background Check Trends for 2012 Examined in Webinar on March 28

Attorney and safe hiring expert Lester Rosen, founder and CEO of background check firm Employment Screening Resources (ESR), will present a live webinar titled “The Top 10 Background Check Trends for 2012” on Wednesday, March 28 at 3:00 p.m. ET (12:00 p.m. PT). Rosen will help businesses examine the latest trends, best practices, and legal compliance issues of pre-employment background screening. For more information about the webinar, presented with Avant Resources Business Education, visit: http://www.esrcheck.com/Newsletter/ESR-Speaks/The-Top-10-Background-Check-Trends-for-2012-128/. Continue reading

San Luis Obispo County Impedes Access to Public Criminal Records for Background Checks

According to the Public Record Update Newsletter for March 2012, a Public Record Retriever Network (PRRN) Member reports that the San Luis Obispo (California) Superior Court has taken steps to impede criminal record searches for background checks in the county by putting the public record access terminals under lock and key and making them off limits to professional public record researchers and private background screening firms. One reason for impeding access to background screening firms and mandating rules that discourage background checks is that the Court Executive Officer believes employers should instead use background checks performed by Federal Bureau of Investigation (FBI). Continue reading