Tag Archives: discrimination

Employment Background Screening and New EEOC Guidance on Criminal Records Discussed in Webinar on September 6

Attorney and safe hiring expert Lester Rosen, Founder and CEO of San Francisco, CA-area background check firm Employment Screening Resources (ESR), will be one of three panelists participating in an encore presentation of a 90 minute CLE webinar/teleconference from Strafford 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 Thursday, September 6, 2012 from 1:00 PM to 2:30 PM EDT (10:00 AM to 11:30 AM PDT). For more information, visit: http://www.straffordpub.com/products/pre-employment-background-screening-after-eeocs-new-guidance-2012-09-06. Continue reading

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

Department of Justice Settles Claims of Form I-9 Discrimination against Employment Agency

The U.S. Department of Justice (DOJ) has reached a settlement agreement with an employment agency in Philadelphia, Pennsylvania resolving allegations that the company discriminated under the anti-discrimination provision of the Immigration and Nationality Act (INA) when it “impermissibly delayed the start date of two refugees after requiring them to provide specific Form I-9 documentation.” A news release from the DOJ is available at: http://www.justice.gov/opa/pr/2012/August/12-crt-1004.html. 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

DOL Hiring Discrimination Case against Federal Contractor Involving Applicant Screening Settled for Two Million Dollars

The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) has announced a federal contractor has agreed to settle “allegations of systemic discrimination stemming from the company’s applicant screening process”  that discriminated against 795 female and minority applicants by denying them the opportunity to advance to the interview stage. Under terms of the agreement, the company will pay $2 million in back wages and interest to the qualified applicants, make at least 50 job offers to members of the original class as positions become available, and undertake extensive self-monitoring measures to ensure all hiring practices fully comply with the law. The DOL news release is available at: http://www.dol.gov/opa/media/press/ofccp/OFCCP20120576.htm. Continue reading

Many Small Businesses Unaware of New EEOC Enforcement Guidance on Use of Criminal Records by Employers

According to a recent New York Times article, ‘Wait. A Business Can Be Sued for NOT Hiring Criminals?’, many small business owners do not know it is illegal for employers to impose a “blanket ban” on hiring job applicants with criminal histories and are not aware that the Equal Employment Opportunity Commission (EEOC) – the agency that enforces federal laws prohibiting employment discrimination – recently voted to update Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. The NY Times article is available at: http://www.nytimes.com/2012/06/21/business/smallbusiness/us-presses-on-illegal-bias-against-hiring-those-with-criminal-records.html. The EEOC guidance is available at: http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm. 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

EEOC Criminal Record Guidance Webinar Featuring Background Check Expert Scheduled for June 14

One of the premiere experts in the field of background checks, Attorney Lester Rosen, Founder and CEO of Employment Screening Resources (ESR), will present a webinar titled ‘Practical Steps Employers Can Take to Comply with the New EEOC Criminal Guidance’ on Thursday, June 14, 2012 from 11:00 AM to 12:00 PM Pacific Daylight Time. Seats to the complimentary webinar, which will provide participants a pathway to compliance with the new Equal Employment Opportunity Commission (EEOC) Enforcement Guidance on the use of criminal records, may be reserved at: https://www2.gotomeeting.com/register/781044434.

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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