Tag Archives: Criminal records

EEOC Commission Meeting on March 20 Focuses on Improving and Measuring Quality of Investigations

The U.S. Equal Employment Opportunity Commission held a meeting on Wednesday, March 20, 2013 to develop the Quality Control Plan (QCP) called for in the EEOC’s 2012-2016 Strategic Plan to revise the criteria used to measure the quality of agency charge investigations and conciliations. Three roundtables – made up of EEOC front line staff, private employer and employee representatives, and EEOC managers – presented their views to develop a draft plan for Commission approval. A press release from the EEOC about the meeting is available at http://www.eeoc.gov/eeoc/newsroom/release/3-21-13a.cfm. Continue reading

Access to Public Court Records in California Threatened by Proposed Search Fee in Trailer Bill

In a move that could significantly limit access to public court records, a trailer bill written by the California Administrative Office of the Courts proposes to charge a $10 fee on nearly every court file requested by members of the general public – including journalists and court researchers who review a large amount of files for news stories and background checks – according to an article on the Courthouse News Service website. The article is available at http://www.courthousenews.com/2013/03/13/55701.htm. Continue reading

Ban the Box Legislation Introduced in New Jersey to Restrict Criminal History Questions for Employment

Legislation recently introduced in the New Jersey Senate – Senate Bill No. 2586, ‘The Opportunity to Compete Act’ (OCA) – would “ban the box” asking about criminal histories on job applications and restrict questions by employers about criminal records of current employees or applicants. The OCA would also prohibit employers in New Jersey from inquiring about the criminal history of job applicants until after a “conditional offer of employment” is made. The full text of Senate Bill No. 2586, ‘The Opportunity to Compete Act’ is available at http://www.njleg.state.nj.us/2012/Bills/S3000/2586_I1.PDF. Continue reading

San Francisco Court Separates Misdemeanor and Felony Cases into Two Indexes for Public Records Research

The San Francisco Superior Court has made significant changes to the nature of the predominantly used pre-2013 index in paper form that was until recently a combined felony/misdemeanor index, according to an alert from a Public Records Research Provider. The court has separated misdemeanor and felony cases into separate indexes issued in multiple “books” separated by letters of the alphabet. In the past, the court had issued a new combined index roughly every month to update the existing index.

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Rhode Island Bill would Ban the Box Asking about Criminal Records on Job Applications

In an effort to limit bias against job applicants with criminal histories, legislation to ‘ban the box’ that employers use on preliminary job applications to ask about past criminal records has been introduced in the State of Rhode Island General Assembly by Representative Scott Slater (D-Dist. 10, Providence), according to a press release available at http://webserver.rilin.state.ri.us/News/pr1.asp?prid=8903. Continue reading

Complaints to EEOC Allege National Retailer Discriminated against Job Applicants with Criminal Records

The National Association for the Advancement of Colored People (NAACP) and the community group TakeAction Minnesota have accused a large national retailer of unfair hiring practices that allegedly discriminated against job applicants with criminal records in ten formal complaints filed with the U.S. Equal Employment Opportunity Commission (EEOC). More information about this story is available on the Minneapolis (MN) Star Tribune website at http://www.startribune.com/business/192087561.html. Continue reading

EEOC Discusses Progress of Strategic Plan for Fiscal Years 2012 to 2016 in Public Meeting on February 20

The U.S. Equal Employment Opportunity Commission (EEOC) held a public meeting on February 20, 2013 to discuss progress, achievements, and implementation of the EEOC Strategic Plan for Fiscal Years 2012 to 2016 that was approved in a 4-1 vote in February 2012. The Strategic Plan serves as a framework for the EEOC to achieve its mission to stop and remedy unlawful employment discrimination by focusing on three objectives: strategic law enforcement, education and outreach, and efficiently serving the public. Information about the meeting is available at http://www.eeoc.gov/eeoc/meetings/2-20-13/index.cfm. Continue reading

FDIC Modifies Statement of Policy for Section 19 of Federal Deposit Insurance Act

In December of 2012, the Federal Deposit Insurance Corporation (FDIC) Board of Directors modified the Statement of Policy (SOP) for Section 19 of the Federal Deposit Insurance (FDI) Act which prohibits a person convicted of a criminal offense involving dishonesty, breach of trust, money laundering, or who has entered into a pretrial diversion program, from working at an FDIC-insured institution without prior written consent of the FDIC. The updated SOP for Section 19 of the FDI Act, which includes modifications the de minimis exceptions regarding the potential fine and the number of days of imprisonment, is available on the FDIC website at http://www.fdic.gov/news/news/financial/2013/fil13003.html. Continue reading

New EEOC Criminal Record Guidance Subject of Session at SHRM Conference in Albuquerque on February 25

Attorney Lester Rosen, a safe hiring expert and founder and CEO of background check firm Employment Screening Resources (ESR), will present a session titled ‘Practical Steps to Comply with the New Equal Employment Opportunity Commission (EEOC) Criminal Record Guidance’ at the 2013 Society for Human Resource Management (SHRM) NM Employment Law & Legislative Conference in Albuquerque, New Mexico on Monday, February 25, 2013 from 2:00 PM to 3:15 PM MST. For more information and to register for the SHRM conference, visit http://www.shrmnm.org/2013_Legislative_Conference.aspx. Continue reading

DOL Office of Contract Compliance Programs Issues Directive on Use of Criminal Records for Background Checks

The Department of Labor’s (DOL) Office of Contract Compliance Programs (OFCCP) has issued a new Directive on ‘Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race and National Origin.’ The OFCCP Directive advises federal contractors and subcontractors about potential discriminatory liability resulting from using criminal records for employment background checks and warns policies that exclude workers with criminal records without taking into account the age and nature of the offense could violate Title VII of the Civil Rights Act by adversely impacting minority candidates. The OFCCP Directive, which took effect immediately, is available at http://www.dol.gov/ofccp/regs/compliance/directives/dir306.htm. Continue reading