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. (more…)

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. (more…)

The Federal Trade Commission (FTC) has issued a final report – ‘Protecting Consumer Privacy in an Era of Rapid Change: Recommendations For Businesses and Policymakers’ – outlining best practices for businesses to protect the privacy of American consumers and give them greater control over the collection and use of their personal data, according to an FTC press release. The FTC also recommends that Congress consider enacting general privacy legislation, data security and breach notification legislation, and data broker legislation. The report, which expands on a preliminary report the FTC issued in December 2010, is available at: http://www.ftc.gov/os/2012/03/120326privacyreport.pdf. (more…)

In yet another class action alleging that an employer did not comply with the legal requirements of the federal Fair Credit Reporting Act (FCRA), a federal court in Maryland refused a motion to dismiss a class action that alleges that Domino’s Pizza failed to comply with the requirements of the FCRA, the federal law that regulates pre-employment background screening.  In a decision filed January 25, 2012, the Court did not rule on the facts, but ruled that the plaintiffs had made a sufficient showing to deny a motion by the employer to dismiss. In addition, the court refused to strike allegations that the conduct was willful, which means that the plaintiff faces statutory damages as well as potential punitive damages.

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To help employers and recruiters better understand the legal risks of using the Internet for recruiting and screening job applicants, Attorney Lester Rosen, the founder and CEO of nationwide accredited background check firm Employment Screening Resources (ESR), will present an audio conference titled ‘Web 2.0 Caution! The Legal Line You Walk When Using Social Media and Search Engines to Recruit and Screen Applicants’ on Wednesday, October 26, 2011 from 1:30 PM to 3:00 PM Eastern Time (10:30 AM to 12:00 PM Noon Pacific Time). For more information, visit: http://www.esrcheck.com/Newsletter/ESR-Speaks/Web-20-Caution-Using-Social-Networking-Sites-and-Search-Engines-to-Recruit-and-Screen-Applicants-98/. (more…)