Tag Archives: criminal searches

Massachusetts CORI Reform Law Effective May 4 2012

The Massachusetts Department of Criminal Justice Information Services (DCJIS) has launched a new Criminal Offender Record Information (CORI) request service online called ‘iCORI’ that will allow individuals and organizations to request and obtain Massachusetts criminal offender record information over the Internet. For more information about iCORI, one of the main provisions of the new CORI Reform law that took effect on May 4, 2012, visit the DCJIS web page at: http://www.mass.gov/eopss/agencies/dcjis/. Continue reading

ESR Provides Clients Specific Alternatives on EEOC Criminal Records Guidance through Additions to Proprietary ESR Assured Compliance System

To help businesses remain in compliance with the U.S. Equal Employment Opportunity Commission (EEOC) guidance on use of criminal background checks, Employment Screening Resources (ESR), a nationwide background check firm accredited by the National Association of Professional Background Screeners (NAPBS®), will provide its clients with the ESR Assured ComplianceSM system for EEOC criminal guidance at a special “client only” webinar hosted by ESR founder and CEO Attorney Lester Rosen – ‘Practical Steps Employers Can Take Today to Comply with the New EEOC Criminal Guidance’ – on May 31, 2012 from 11 AM to 12 PM Noon Pacific Time. Information on how ESR clients may register for the webinar is available at: http://www.esrcheck.com/Newsletter/ESR-Speaks/Practical-Steps-Employers-Can-Take-Today-to-Comply-with-the-New-EEOC-Criminal-Guidance-139/. Continue reading

House Passes Appropriations Bill that would Block Enforcement of New EEOC Guidance on Criminal Background Checks

The U.S. House of Representatives recently passed an appropriations bill (H.R. 5326) that provides funding for several agencies including the allocation of $367 million the U.S. Equal Employment Opportunity Commission (EEOC) but also includes amendments that would block implementation and enforcement of several programs including the new EEOC guidance on the ‘Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964’ for employers using criminal background checks. The full text of H.R. 5326 is available at: http://www.govtrack.us/congress/bills/112/hr5326/text. Continue reading

Employment Screening Expert Reviews EEOC Guidance for Criminal Background Checks

Attorney Lester Rosen, founder and CEO of background check firm Employment Screening Resources (ESR), has submitted a letter of public comment to the U.S. Equal Employment Opportunity Commission (EEOC), the agency that enforces federal laws prohibiting employment discrimination, regarding the April 25, 2012 meeting where the EEOC voted 4-1 to approve updated Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. The letter is available at: http://www.esrcheck.com/Les-Rosen-Public-Comment-on-EEOC-Criminal-Guidance.php. Continue reading

News Reports about Bank Firing Employee for 40 Year Old Shoplifting Charge Do Not Tell Entire Story

Recent news reports about how an employee of Wells Fargo in Milwaukee, Wisconsin was fired after a background check uncovered two 40-year-old shoplifting arrests from 1972 when she was 18 do not tell the entire story, according to one safe hiring expert, since there are two avenues that allow applicants and employees with minor offenses to work at banks. A Wells Fargo spokesman said the 58-year-old woman, who worked in customer service in the Home Mortgage department for five years and received numerous recognition awards, was terminated because Federal Deposit Insurance Corporation (FDIC) law prohibits the bank “from hiring or continuing the employment of any person who we know has a criminal record involving dishonesty or breach of trust.” Continue reading

Massachusetts Criminal Offender Record Information CORI Reform Law Provisions Take Effect May 4

On May 4, 2012, many of the new provisions of the Criminal Offender Record Information (CORI) Reform Law, Chapter 256 of the Acts of 2010 signed by Massachusetts Governor Deval Patrick in August of 2010 will take effect. Commonly known as ‘CORI Reform,’ the law changes who will have authorized access to CORI and how CORI will be accessed.  As a result of the CORI Reform, the Massachusetts Department of Criminal Justice Information Services (DCJIS) will replace the existing CORI system with a new secure, web-based system called ‘iCORI’ that should be available on May 7, 2012. Continue reading

SHRM Issues Statement on Updated EEOC Enforcement Guidance for Criminal Background Checks

The Society for Human Resource Management (SHRM) — the world’s largest human resources association representing more than 250,000 members in over 140 countries — has issued a statement on the updated Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 issued by the U.S. Equal Employment Opportunity Commission (EEOC) on April 25, 2012. The updated Enforcement Guidance from the EEOC, the agency that enforces federal laws prohibiting employment discrimination, is available at http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm. Continue reading

NAPBS Responds to EEOC Enforcement Guidance on Use of Criminal Background Checks by Employers

The National Association of Professional Background Screeners (NAPBS®) — ‘The Voice of Screening Professionals’ — has issued a statement in response to the updated Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 issued by U.S. Equal Employment Opportunity Commission (EEOC) on April 25, 2012. The updated EEOC Guidance is available at http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm. Continue reading

EEOC Issues Updated Guidance on Use of Arrest and Conviction Records by Employers

The U.S. Equal Employment Opportunity Commission (EEOC), the agency that enforces federal laws prohibiting employment discrimination, today voted 4-1 to approve updated Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. The updated EEOC Guidance is available at http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm. Questions and Answers (Q & As) about the EEOC’s Enforcement Guidance are at http://www.eeoc.gov/laws/guidance/qa_arrest_conviction.cfm. Continue reading

Class Action Complaint Filed Against Consumer Reporting Agency for Allegedly Violating Fair Credit Reporting Act with Instant Database Searches

A class action complaint filed against a Consumer Reporting Agency (CRA) on April 16, 2012, alleges that the Defendant reported inaccurate criminal data obtained from an “instant” criminal record search without courthouse confirmation, and also that there was allegedly no notice to the consumer who was the subject of the search. The suit also alleges that such acts were in violation of the federal Fair Credit Reporting Act (FCRA) that protects consumers from inaccurate or irrelevant information and failed to meet the standard of accuracy and fairness mandated by the FCRA. Continue reading