Tag Archives: criminal searches

EEOC Must Testify On Own Use of Criminal Background Checks and Credit Histories for Employment Screening

A federal district Court in Maryland has ruled that an employer sued by the Equal Employment Opportunity Commission (EEOC) for alleged discriminatory use of criminal background checks and credit histories in hiring may compel the EEOC the testify regarding the agency’s own use of criminal records and credit information for employment screening. The ruling EEOC v. Freeman, D. Md., No. 09-2573, 8/14/12 is available here: http://op.bna.com/dlrcases.nsf/id/kmgn-8x7jwz/$File/freemanprotect.pdf. Continue reading

Ban the Box Act would Prohibit Most Employers from Asking Applicants about Criminal Records until Job Offer

New legislation in the U.S. House of Representatives – H.R. 6220, “Ban the Box Act of 2012” –  would prohibit most employers from asking about or checking a job applicant’s criminal record until after a conditional offer of employment and would “ban the box” that job applicants are asked to mark indicating whether they have a criminal record. Introduced by Representative Hansen Clarke (D-MI), H.R. 6220 would allow employers to check an applicant’s criminal record only if the job duties in question “may involve an unreasonable risk to the safety of specific individuals or to the general public.” The text of the bill is available here: H.R. 6220, “Ban the Box Act of 2012”. Continue reading

Background Check Expert Explains EEOC Criminal Guidance Compliance in PIHRA Webinar August 10

To help Human Resources professionals understand the new U.S. Equal Employment Opportunity Commission (EEOC) guidance on the use of criminal records, background check expert Attorney Lester Rosen, Founder and CEO of Employment Screening Resources (ESR), will host a Professionals In Human Resources Association (PIHRA) webinar titled ‘Practical Steps Employers Can Take to Comply with the New EEOC Criminal Guidance’ on Friday, August 10, 2012 from 12:00 PM to 1:00 PM Pacific Time. To register for webinar, visit: https://www2.gotomeeting.com/register/631716505/. Continue reading

New EEOC Criminal Record Guidance and Background Checks Discussed in Webinar on August 1

Background check expert Attorney Lester Rosen, founder and CEO of Employment Screening Resources (ESR), will be one of three panelists participating in a live 90-minute webinar and teleconference titled ‘Pre-Employment Background Screening After EEOC’s New Guidance: Structuring Policies to Comply With Title VII, Fair Credit Reporting Act and State Laws’ on Wednesday, August 1, 2012 from 1:00 p.m. to 2:30 p.m. EDT. For more information, visit: http://www.straffordpub.com/products/pre-employment-background-screening-after-eeocs-new-guidance-2012-08-01. Continue reading

Detroit Ban the Box Ordinance Requires City Vendors and Contractors to Remove Criminal Record Question on Job Applications

Since a deadline date of July 1, 2012, in an effort to give ex-convicts a second chance for employment, a ‘Ban the Box’ ordinance in the City of Detroit has implemented a new hiring policy that requires business vendors and contractors to remove the criminal record question on job applications to qualify for future contracts. More information about the Detroit ‘Ban the Box’ ordinance is available at http://www.youtube.com/watch?v=WpXAC96re84. Continue reading

SHRM Background Check Survey Finds Nearly 70 Percent of Organizations Conduct Criminal Checks on All Job Candidates

Nearly seven out of ten organizations – 69 percent – conduct criminal background checks on all of their job candidates while 18 percent conduct criminal checks on select job candidates and 14 percent do not conduct criminal checks on any job candidates, according to a new survey titled ‘Background Checking—The Use of Criminal Background Checks in Hiring Decisions’ from the Society for Human Resource Management (SHRM). The survey from SHRM, the world’s largest association devoted to human resource management representing more than 250,000 members in over 140 countries, is available at: http://www.shrm.org/Research/SurveyFindings/Articles/Pages/CriminalBackgroundCheck.aspx. Continue reading

New Penn State University Background Check Policy Calls for Criminal History and Child Abuse Record Checks

A new background check policy at Penn State University (PSU) that took effect July 5, 2012 – HR99, “Background Check Process” – requires final job candidates and third-party employees who are offered employment to undergo a criminal background check that includes a criminal history check and child abuse record check before approval, according to a report on the Penn State Live website, the university’s official news source. The new PSU background check policy is available at http://guru.psu.edu/policies/OHR/hr99.html. Continue reading

New Indiana Law Restricts Criminal History Information Reported in Background Checks Starting July 1

Starting July 1, 2012, new legislation in Indiana – House Bill 1033 (HB 1033) – restricts criminal history reporting in background checks by prohibiting certain pre-employment inquiries, restricting the types of criminal history information that employers and background check report providers – also known as “Consumer Reporting Agencies” (CRAs) – can obtain from Indiana state court clerks, and restricting the types of criminal history information that CRAs can report to employers in background check reports. The full text of Indiana House Bill 1033 is available at: http://www.in.gov/legislative/bills/2012/HE/HE1033.1.html. Continue reading

New EEOC Guidance on Criminal Background Checks Could Place Employers in Catch 22 Situation

The new U.S. Equal Employment Opportunity Commission (EEOC) Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 issued on April 25, 2012 could impose undeserved liability and risk on employers by placing them in an irreconcilable “Catch 22” situation where they will have to choose between conducting criminal background checks and risking liability for supposedly violating the EEOC’s Guidance or abandoning background checks and risking liability for criminal conduct by employees, according to a Legal Memorandum from The Heritage Foundation: “The Dangerous Impact of Barring Criminal Background Checks: Congress Needs to Overrule the EEOC’s New Employment ‘Guidelines.’” Continue reading

International Background Checks and New EEOC Guidance Explained in Webinars on June 13 and June 14

Attorney and safe hiring expert Lester Rosen, Founder and CEO of background check firm Employment Screening Resources (ESR), will host an hour long webinar titled ‘International Background Checks: Global Due Diligence and Legal Compliance’ with Avant Resources on Wednesday, June 13, 2012 from 12:00 PM to 1:00 PM Pacific Time (3:00 PM to 4:00 PM Eastern). For more information about the webinar, visit: http://www.esrcheck.com/Newsletter/ESR-Speaks/International-Background-Checks-Global-due-Diligence-and-Legal-Compliance-136/. Rosen will also present a webinar on Thursday, June 14, 2012 titled ‘Practical Steps Employers Can Take to Comply with the New EEOC Criminal Guidance’ from 11:00 AM to 12:00 PM Pacific Time (2:00 PM to 3:00 PM Eastern). Seats to the complimentary webinar may be reserved at: https://www2.gotomeeting.com/register/781044434. Continue reading