Tag Archives: discrimination

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

EEOC Meeting April 25 to Vote on New Guidance for Criminal Records Used by Employers for Background Checks

The U.S. Equal Employment Opportunity Commission (EEOC), the Government agency that enforces federal laws prohibiting employment discrimination, will hold a public meeting on Wednesday, April 25, 2012 to vote on proposed ‘Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964’ to revise guidance on the use of criminal records by employers for employment screening background checks. The meeting will take place at 9:30 A.M. Eastern Time in the Commission Meeting Room on the First Floor of the EEOC Office Building at 131 “M” Street, NE in Washington, D.C.. For more information, visit: http://www.eeoc.gov/eeoc/newsroom/release/4-19-12.cfm. Continue reading

Inaccurate Criminal Background Checks from Data Brokers that Cost Job Seekers Employment Coming Under Fire

In recent weeks, inaccurate criminal background checks from data brokers containing errors that cost job seekers employment have come under fire on several fronts, including a final privacy protection report from the Federal Trade Commission (FTC) recommending regulations on data brokers, a letter sent to the Consumer Financial Protection Bureau (CFPB) asking for a strengthening of the Fair Credit Reporting Act (FCRA), a report from the National Consumer Law Center (NCLC) on inaccurate background check reports, and an article written by safe hiring expert Attorney Lester Rosen, CEO of accredited background check firm Employment Screening Resources (ESR), that is available at http://www.esrcheck.com/articles/NCLC-Report-on-Criminal-Background-Checks-Inaccurate.php. Continue reading

Chamber of Commerce Urges OMB to Require EEOC to Allow Public Input on Background Check Guidance

In a recent letter to the Office of Management and Budget (OMB), the U.S. Chamber of Commerce urged the OMB to require the Equal Employment Opportunity Commission (EEOC), the nation’s leading enforcer of employment anti-discrimination laws, to allow a review by the OMB and public input as the EEOC prepares to issue new enforcement guidance on the use of criminal background checks and credit background checks by employers. The text of the letter from the Chamber regarding ‘Forthcoming Significant Guidance from EEOC on Employer Use of Credit and Criminal History’ is available at: http://op.bna.com/dlrcases.nsf/id/kmgn-8szk2j/$File/ChamberCrim.pdf. Continue reading

Facebook Warns Employers Asking Job Applicants for Social Media Passwords May Expose Businesses to Legal Liability

Responding to an increase in reports of employers seeking to gain “inappropriate access” to social network profiles of job applicants, online social media giant Facebook issued a warning to employers in a recent blog posted on the company website – ‘Protecting Your Passwords and Your Privacy’ – that the practice of asking job applicants for their social media passwords “undermines the privacy expectations and the security of both the user and the user’s friends” and could potentially expose businesses to “unanticipated legal liability.” The blog is available at: http://www.facebook.com/notes/facebook-and-privacy/protecting-your-passwords-and-your-privacy/326598317390057. Continue reading

New EEOC Strategic Plan Combats Employment Discrimination through Strategic Law Enforcement

The United States Equal Employment Opportunity Commission (EEOC), the nation’s leading enforcer of employment anti-discrimination laws, recently approved its ‘Strategic Plan for Fiscal Years 2012-2016’ that establishes a framework for achieving the EEOC’s mission to “stop and remedy unlawful employment discrimination.” The first of three strategic objectives in the EEOC Strategic Plan is to combat employment discrimination through strategic law enforcement with the goal of reducing employment discrimination, remedying discriminatory practices, and securing meaningful relief for victims. The new EEOC Strategic Plan is at: http://www.eeoc.gov/eeoc/plan/strategic_plan_12to16.cfm. Continue reading

Illinois Bill Would Bar Employers from Asking Job Applicants for Social Media Passwords during Background Checks

A bill – Illinois H.B. 3782 – originally introduced last spring and recently taken up by the Illinois legislature’s Labor Committee would amend the state’s ‘Right to Privacy in the Workplace Act’ to bar employers from asking prospective employees for their usernames or passwords to their social media profiles on sites like Facebook or Twitter. Introduced by State Representative La Shawn Ford (D-Chicago), H.B. 3782 would make it illegal for employers to gain total access to social media sites of job applicant’s during the hiring process. The full text of Illinois H.B. 3782 is available here. Continue reading

California Assembly Bill 1831 would Prohibit Local Governments from Asking about Criminal History on Initial Job Applications

A new piece of California legislature – Assembly Bill No. 1831 (AB 1831) – would prohibit local governments in the state “from inquiring into or considering the criminal history of an applicant or including any inquiry about criminal history on any initial employment application.” AB 1831 would only authorize a local government to consider the criminal history of a job applicant “after the applicant’s qualifications have been screened and the agency has determined the applicant meets the minimum employment requirements as stated in any notice issued for the position.” California Assembly Bill 1831 is available at: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1801-1850/ab_1831_bill_20120222_introduced.pdf. Continue reading