Tag Archives: Criminal records

New York State AG Secures Agreements with Background Check Firms

Written By Thomas Ahearn

ESR News BlogNew York State Attorney General Eric T. Schneiderman has announced his office has secured agreements with four large background check firms that will prohibit them “from automatically disqualifying applicants with criminal convictions and require the agencies to defer hiring decisions to employers who must conduct an individualized consideration of candidates in accordance with New York State law.” A press release about the agreements is available at http://www.ag.ny.gov/press-release/ag-schneiderman-announces-agreements-background-check-agencies-end-illegal-hiring. (Español) Continue reading

San Francisco Ban the Box Notice Available

Written By Thomas Ahearn

Ban The BoxStarting August 13, 2014, the Fair Chance Ordinance (FCO) will require employers doing business in San Francisco with 20 or more employees to “Ban the Box” and remove questions on applications asking about the criminal history of job applicants. The San Francisco Office of Labor Standards Enforcement, which will enforce the Fair Chance Ordinance, has issued an English version of the Ban the Box notice that employers must post where readily accessible to job applicants and employees. The San Francisco Ban the Box notice is available at http://sfgsa.org/modules/showdocument.aspx?documentid=11600. Continue reading

Louisville Latest City to Ban the Box

Written By Thomas Ahearn

homepage-checkThe Louisville (KY) Metro Council has voted in favor of a new “Ban the Box” law removing the question about criminal records from job applications for the city and many of its vendors, according to a press release from the National Employment Law Project (NELP). This follows similar Ban the Box legislation in Baltimore, MD, Charlotte, NC, Indianapolis, IN, and San Francisco, CA that give qualified job applicants with past convictions a fair chance at employment opportunities. The NELP press release is available at http://www.nelp.org/page/-/Press%20Releases/2014/PR-Louisville-Ban-the-Box.pdf?nocdn=1. Continue reading

Ride-Sharing Firm Expands Criminal Background Checks after Gaps Found

Written By Thomas Ahearn

An investigation by the Chicago Tribune has revealed that one of the largest ride-sharing providers in the country missed the felony conviction of one of its drivers, a discovery that has led to the expansion of the company’s background check process. The full report is available at http://www.chicagotribune.com/news/watchdog/ct-rideshare-background-checks-met-20140214,0,3099755.story. Continue reading

Commission on Civil Rights Report Examines Effects of EEOC Guidance on Criminal Background Checks

Written By Thomas Ahearn

A briefing report released by the U.S. Commission on Civil Rights (USCCR) – ‘Assessing the Impact of Criminal Background Checks and the Equal Employment Opportunity Commission Conviction Records Policy’ – examines the effects of the EEOC’s updated Guidance policy on the use of conviction records by employers on African-American and Latino job applicants. The complete report – in which some members of the civil rights panel argue that the EEOC’s guidelines are flawed and vague – is available at http://www.eusccr.com/EEOC_final_2013.pdf. Continue reading

San Francisco Enacts Ban the Box Law Limiting Criminal Background Checks by Private Employers

On February 17, 2014, San Francisco Mayor Edwin Lee signed ‘Ban the Box’ legislation – the Fair Chance Ordinance – that requires private employers in the city with 20 or more employees to limit the use of criminal background checks when hiring, according to a BloombergLaw.com report. The law takes effect 30 days after signing and is operative in 180 days. The report is at http://about.bloomberglaw.com/law-reports/san-francisco-enacts-law-limiting-use-of-criminal-background-checks/. Continue reading

Safe Hiring Expert Explains How to Comply with EEOC Criminal Record Guidance on February 12

To help employers understand the U.S. Equal Employment Opportunity Commission (EEOC) position on background checks, Attorney and safe hiring expert Lester Rosen, Founder and CEO Employment Screening Resources® (ESR), will present an audio conference with HRTrainingCenter.com titled ‘Complying With the New EEOC Criminal Record Guidance.’ This program takes place on Wednesday, February 12, 2014 from 2:00 p.m. to 3:30 p.m. Eastern Time and has been approved for 1.5 PHR/SPHR recertification credit hours through the HR Certification Institute. For more information, please visit http://hrtrainingcenter.com/showWCDetails.asp?TCID=1013106. Continue reading

EEOC Scrutinizing Hiring Practices that Unfairly Screen out Job Applicants with Criminal Records

The U.S. Equal Employment Opportunity Commission (EEOC) is scrutinizing hiring practices and believes policies that screen out job applicants with criminal records could disadvantage minorities and lead to lawsuits, according to the article ‘Ex-Convict Hire Hurdle Draws U.S. Suits Against Employers.’ The EEOC has been enforcing employment discrimination laws with lawsuits and Attorney Lester Rosen, founder and CEO of background check firm Employment Screening Resources (ESR), believes this is “going to be an issue that employers need to wrap their heads around” this year. The article is available on Bloomberg.com at http://www.bloomberg.com/news/2014-01-31/ex-convict-hire-hurdle-draws-u-s-suits-against-employers.html. Continue reading

San Francisco May Soon Ban the Box for Criminal Records on Private Employer Job Applications

The San Francisco Board of Supervisors will soon consider a “Ban the Box” measure – Ordinance 131192 – that would prevent private sector employers in the city with more than 20 employees from asking about past criminal records of job seekers during the initial job application process, according to a San Francisco Chronicle report available online at http://www.sfgate.com/opinion/editorials/article/Ban-the-Box-gives-ex-offenders-chance-to-work-5187128.php. (UPDATE: ‘San Francisco supervisors pass ‘ban the box’ law’ http://www.sfgate.com/bayarea/article/San-Francisco-supervisors-pass-ban-the-box-law-5204942.php.)

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New California Law Significantly Impacts Use of Past Criminal Records by Employers during Employment Background Screening

A new law in California that took effect January 1, 2014 – Senate Bill No. 530 (SB 530) – provides significant new protection to ex-offenders who committed crimes, including felonies, when it comes to job hunting and what employers can legally discover or use.  The new law prohibits an employer from asking about, seeking, or utilizing criminal convictions that have been judicially set aside.  Employers violating the new prohibitions can face civil penalties and even misdemeanor criminal charges if done intentionally. It also allows a convicted person to get a case expunged sooner. The full text of California SB 530 is available at http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb_0501-0550/sb_530_bill_20131010_chaptered.htm. Continue reading