Tag Archives: Criminal records

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.)

Continue reading

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

Updated EEOC Guidance on Use of Criminal Records by Employers Becoming Core Concern for Human Resources

The updated Guidance on the use of criminal records in hiring decisions issued by the U.S. Equal Employment Opportunity Commission (EEOC) on April 25, 2012 carries the potential to impact the hiring processes of every employer and Human Resources professional in the United States in 2014 and beyond. Although not a law or legally enforceable regulation, it is critical for employers to understand the Guidance since it shows how the EEOC interprets the use of criminal records. This is Trend Number Two of the 7th Annual Employment Screening Resources® (ESR) ‘Top Ten Background Check Trends’ for 2014. For more information about the trends, please visit http://www.esrcheck.com/ESR-Top-Ten-Background-Check-Trends. Continue reading

Use of Commercial Criminal Databases Becoming More Controversial as Employers Face More Risk when Screening

The use of commercial criminal databases and cheap “do it yourself” background check web sites will be the focus of increased scrutiny and controversy in 2014 as employers face more risk when screening job applicants as the demand for accuracy in background check reports rises. This is Trend Number Three of the 7th Annual Employment Screening Resources® (ESR) ‘Top Ten Background Check Trends’ for 2014. For more information about the trends, please visit http://www.esrcheck.com/ESR-Top-Ten-Background-Check-Trends. Continue reading

San Francisco Proposes Ordinance to Ban Most Private Employers from Asking about Criminal Records on Job Applications

Legislation proposed by members of the San Francisco Board of Supervisors – Ordinance No. 131192 – would expand existing “Ban the Box” rules that prevent city agencies from asking applicants about criminal convictions on job applications to include most private employers in the city, according to a San Francisco Chronicle report. Ordinance No. 131192 is available at http://www.esrcheck.com/file/San-Francisco-Board-of-Supervisors_Ordinance-131192.pdf. Continue reading

Michigan Ban the Box Bill would Prevent Employers from Asking about Felony Convictions on Job Applications

Legislation under consideration in Michigan – HOUSE BILL No. 4366 – would “Ban the Box” on job applications that employers use to ask applicants about felony convictions with certain exceptions, according to a report on MLive.com. The complete text of HOUSE BILL No. 4366 is available at http://legislature.mi.gov/documents/2013-2014/billintroduced/House/htm/2013-HIB-4366.htm. Continue reading

Texas Sues EEOC over Guidance for Criminal Background Checks

The State of Texas has filed suit against the U.S. Equal Employment Opportunity Commission (EEOC) over Guidance for use of criminal records of job applicants by employers for criminal background checks that may exclude convicted felons from employment. The complaint STATE OF TEXAS vs. EEOC is available at http://www.esrcheck.com/file/State-Of-Texas-vs-EEOC.pdf. Continue reading