Private, Off Duty, and Not Unlawful Conduct Posted without Consent on Internet not Grounds to Terminate Teacher

The boundaries of using the internet for employment decisions was tested in a Michigan case involving the termination of a teacher that was photographed without her consent at an adult party engaged in a simulated sexual act, where students were not present and the conduct was not unlawful.

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Adverse Action Letters under the Fair Credit Reporting Act (FCRA) and Employment Screening Background Checks

By Lester Rosen, ESR President From the ESR mail box: Here is a frequently asked question dealing with the federal Fair Credit Reporting Act (FCRA) and the pre-adverse and post-adverse action notices.  Suppose an employer has two finalists for one position. The employer submits both names for background checks and both candidates have clear background …

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New Case from New York Gives Potential Guidance on Issue of Which State Law Applies for Reporting Criminal Records

An ongoing issue for employers and background screening firms is the question of what law applies when a criminal record is found in one state impacts an employment decision in another state.  Since state reporting laws can vary widely, employers and screening firms are sometimes left without clear guidance if a criminal record can be …

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Employment Screening Expert Lester Rosen to Present Session on Background Checks at SHRM Annual Conference

By ESR News Staff Employment Screening Expert Lester Rosen, President of Employment Screening Resources (ESR), a leading employment screening firm headquartered in the San Francisco area, will present a session on background checks at the SHRM Annual Conference and Exhibition on June 30, 2010, in San Diego, California. The annual event — the world’s largest human resources …

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New Case Demonstrates How the Details are Everything if Taking Adverse Action on a Current Employee Due to a Background Check

A new federal district court case demonstrates the importance of handling the adverse action process correctly when terminating an existing employee due to an unsatisfactory background check. In the case decided on February 26, 2010 by the U.S. District Court for the Southern District of Ohio (2010 U.S. Dist. LEXIS 17373), an employer ran a …

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CAUSE Shows Background Checks Needed To Uncover Unsafe Service Employees Working In Homes

When a hired worker enters your home to perform a service that you requested, do you know to whom you are opening your door? So asks an article on HuffingtonPost.com — ‘Could You or a Loved One End Up Like Elizabeth Smart?’ — that shows why background checks are needed to uncover unsafe employees working in and …

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Background Check Expert Lester Rosen Presents Webinar on How Social Media Use During Employment Screening Can Trigger Privacy Lawsuits

By Les Rosen, Employment Screening Resources Lester Rosen, President of Employment Screening Resources (ESR), a leading international employment screening background check firm headquartered in the San Francisco area, will present a national webinar for a leading business information site on employment screening on Thursday, April 22, 2010 at 2:00 PM EST / 11:00 AM PST. …

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Discrimination Lawsuit Shows Importance of Employer Policy on the Use of Criminal Records During Background Checks

By Thomas Ahearn, ESR Staff Writer A recently filed class action lawsuit “ which alleges that one of the largest management consulting firms in the world conducted background checks that discriminated against African-Americans and Latinos“ underscores the importance of employers understanding the U.S. Equal Employment Opportunity Commission (EEOC) policy regarding the use of criminal records …

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Employment Screening Resources Announces Free Employer Background Check Tools

By Jared Callahan, Employment Screening Resources Employment Screening Resources (ESR), a leading national employment screening firm based in the San Francisco area, announced today that free tools available at the ESR Resources Center to help employers hire safe, honest, and qualified applicants. The ESR Resources Center provides employers with “All Things Background Checks.”   Employers can find among …

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California Case Protects Constitutional Right of Background Screening Firm to Report Sex Offender Registration

A California Court of Appeals decision filed March 23, 2010 held that a background screening firm has a constitutional right to report that an applicant has appeared on the Megan’s Law website (MLW) as a registered sex offender.  The Court further held that under the California law, the prohibition on the use of such information …

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