Tag Archives: Criminal records

House Bill 2865 Seeks to Provide Fairness and Accuracy in FBI Criminal Background Checks for Employment

A bill introduced in the U.S. House of Representatives – ‘H.R. 2865 – Fairness and Accuracy in Employment Background Checks Act of 2013’ – seeks to provide safeguards with respect to the Federal Bureau of Investigation (FBI) criminal background checks prepared for employment purposes. The complete text of H.R. 2865 is available at http://www.govtrack.us/congress/bills/113/hr2865/text. Continue reading

NAPBS Applauds NBC Today Show Report for Recognizing Importance of Employee Background Checks

The National Association of Professional Background Screeners (NAPBS®) applauds an NBC Today Show report by National Investigative Correspondent Jeff Rossen for emphasizing “the critically important role background screening plays in today’s business environment,” according to a press release from the NAPBS available at http://www.businesswire.com/news/topix/20130820006390/en. Continue reading

New Seattle Ban the Box Law Limits Use of Criminal History for Employment Screening Starting November 1

Employers in Seattle, Washington will need to comply with new “Ban the Box” legislation – Ordinance 124201 – that will limit the use criminal history records for employment screening during the initial hiring process starting on November 1, 2013. The complete text of Ordinance 124201, which will create a new ‘Chapter 14.17 The Use of Criminal History in Employment Decisions’ of the Seattle Municipal Code, is available at http://www.clerk.ci.seattle.wa.us/~archives/Ordinances/Ord_124201.pdf. Continue reading

EEOC Background Check Lawsuit Dismissed by Court Based On Unreliable Expert Reports

In a Memorandum Opinion issued in the case of Equal Employment Opportunity Commission (EEOC) v. Freeman, Judge Roger Titus of the U.S. District Court for the District of Maryland dismissed a lawsuit brought by the EEOC alleging that corporate events service provider Freeman, Inc. “unlawfully relied upon credit and criminal background checks that caused a disparate impact against African-American, Hispanic, and male job applicants,” according to a blog on WorkplaceClassAction.com. The blog is available at http://www.workplaceclassaction.com/2013/08/court-dismisses-eeocs-background-check-lawsuit-based-on-its-reliance-on-laughable-and-unreliable-expert-report-filled-of-errors-and-analytical-fal/. Continue reading

Attorneys General from Nine States Send Letter to EEOC Expressing Concern about Background Check Ban

The Attorneys General from nine states – Alabama, Colorado, Georgia, Kansas, Montana, Nebraska, South Carolina, Utah, and West Virginia – have sent a letter to the U.S. Equal Employment Opportunity Commission (EEOC) expressing concern about two recent lawsuits filed by the EEOC against companies that use criminal background checks when hiring new employees. The signed letter dated July 24, 2013 is available at http://www.esrcheck.com/file/Atty-General-Criticism-of-EEOC_2013-7-24.pdf. Continue reading

Report Finds Many FBI Criminal Background Checks for Employment Contain Inaccurate Information

The National Employment Law Project (NELP) has released a report – ‘Wanted: Accurate FBI Background Checks for Employment’ – that estimates 1.8 million workers a year are subjected to Federal Bureau of Investigation (FBI) background checks that contain “faulty or incomplete information” and that as many as 600,000 of those workers “may be prejudiced in their job search” because of inaccurate FBI records. The complete report is available at http://nelp.3cdn.net/bd23dee1b42cff073c_8im6va8d2.pdf. Continue reading

Safe Hiring Expert to Discuss Use of Criminal Convictions in Employment at 2013 ABA Annual Meeting in San Francisco

Attorney Lester S. Rosen, Founder and CEO of background check firm Employment Screening Resources® (ESR), will discuss the ‘Use of Criminal Convictions in Employment’ on Friday, August 9, 2013 for the Section of Labor and Employment Law at the 2013 American Bar Association (ABA) Annual Meeting in San Francisco, CA. The panel discussion will take place from 2:00 PM to 3:30 PM PST in Moscone Center West, Room 3007, Third Floor. For more information about the Section of Labor and Employment Law at the 2013 ABA Annual Meeting, visit http://www.americanbar.org/groups/labor_law/events_cle/abalel_annual.html. Continue reading

Richmond CA Passes Ban the Box Ordinance Restricting Criminal Background Checks by Employers

A new “Ban the Box” ordinance passed by the City Council of Richmond, California by a 6-1 vote will prohibit private businesses contracting for work with the city “from asking about prior criminal convictions on employment applications” and even “inquiring into the criminal history of an applicant” in some cases, according to a report on the Contra Costa Times website. The report about the “Ban the Box” ordinance, which expands on a 2011 law that removed the question about past criminal convictions from city job applications, is available at http://www.contracostatimes.com/news/ci_23724315/richmond-passes-sweeping-new-restrictions-criminal-background-checks. Continue reading

FBI Background Checks for Employment Containing Inaccurate Information Can Cost Applicants Jobs

Employers that use Federal Bureau of Investigation (FBI) criminal databases to background check job applicants could be basing employment decisions on inaccurate information that can cost applicants job opportunities, according to an article in The Washington Post available at http://wapo.st/17cC0Kn. Continue reading

Ban the Box Movement Limiting Criminal History Questions on Job Applications Spreads Across US

More cities and states are joining the “Ban the Box” movement limiting questions employers may ask about criminal records on job applications. In June 2013, Rhode Island become the latest state to enact a “Ban the Box” law when it passed Senate Bill 357 (SB 357) to limit inquiries on employment applications regarding past criminal convictions except when federal or state law specifically disqualifies a person from employment due to a prior conviction or authorizes such inquiries. The full text of SB 357 – which will take effect on January 1, 2014 – is available at http://openstates.org/ri/bills/2013/SB357/. Continue reading