Tag Archives: Criminal Databases

Illinois Internet Dating Safety Act Requiring Disclosure of Background Check Policy Heads to Governor

Legislation in Illinois – Senate Bill 2545 (SB 2545) – that would create the “Internet Dating Safety Act” requiring Internet dating websites offering services in Illinois to disclose if they conduct criminal background checks on all their members or post warnings online that they do not conduct criminal background checks has passed both the House and Senate and now heads to Governor Pat Quinn to sign. Introduced by State Senator Ira Silverstein (D-Chicago), the full text of the bill is available here: (SB 2545) “Internet Dating Safety Act”. Continue reading

House Passes Appropriations Bill that would Block Enforcement of New EEOC Guidance on Criminal Background Checks

The U.S. House of Representatives recently passed an appropriations bill (H.R. 5326) that provides funding for several agencies including the allocation of $367 million the U.S. Equal Employment Opportunity Commission (EEOC) but also includes amendments that would block implementation and enforcement of several programs including the new EEOC guidance on the ‘Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964’ for employers using criminal background checks. The full text of H.R. 5326 is available at: http://www.govtrack.us/congress/bills/112/hr5326/text. Continue reading

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

Massachusetts Criminal Offender Record Information CORI Reform Law Provisions Take Effect May 4

On May 4, 2012, many of the new provisions of the Criminal Offender Record Information (CORI) Reform Law, Chapter 256 of the Acts of 2010 signed by Massachusetts Governor Deval Patrick in August of 2010 will take effect. Commonly known as ‘CORI Reform,’ the law changes who will have authorized access to CORI and how CORI will be accessed.  As a result of the CORI Reform, the Massachusetts Department of Criminal Justice Information Services (DCJIS) will replace the existing CORI system with a new secure, web-based system called ‘iCORI’ that should be available on May 7, 2012. Continue reading

SHRM Issues Statement on Updated EEOC Enforcement Guidance for Criminal Background Checks

The Society for Human Resource Management (SHRM) — the world’s largest human resources association representing more than 250,000 members in over 140 countries — has issued a statement on the updated Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 issued by the U.S. Equal Employment Opportunity Commission (EEOC) on April 25, 2012. The updated Enforcement Guidance from the EEOC, the agency that enforces federal laws prohibiting employment discrimination, is available at http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm. Continue reading

Class Action Complaint Filed Against Consumer Reporting Agency for Allegedly Violating Fair Credit Reporting Act with Instant Database Searches

A class action complaint filed against a Consumer Reporting Agency (CRA) on April 16, 2012, alleges that the Defendant reported inaccurate criminal data obtained from an “instant” criminal record search without courthouse confirmation, and also that there was allegedly no notice to the consumer who was the subject of the search. The suit also alleges that such acts were in violation of the federal Fair Credit Reporting Act (FCRA) that protects consumers from inaccurate or irrelevant information and failed to meet the standard of accuracy and fairness mandated by the FCRA. 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

Inaccurate Criminal Background Checks from Data Brokers that Cost Job Seekers Employment Coming Under Fire

In recent weeks, inaccurate criminal background checks from data brokers containing errors that cost job seekers employment have come under fire on several fronts, including a final privacy protection report from the Federal Trade Commission (FTC) recommending regulations on data brokers, a letter sent to the Consumer Financial Protection Bureau (CFPB) asking for a strengthening of the Fair Credit Reporting Act (FCRA), a report from the National Consumer Law Center (NCLC) on inaccurate background check reports, and an article written by safe hiring expert Attorney Lester Rosen, CEO of accredited background check firm Employment Screening Resources (ESR), that is available at http://www.esrcheck.com/articles/NCLC-Report-on-Criminal-Background-Checks-Inaccurate.php. 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