Tag Archives: discrimination

Employment Screening Resources Releases Whitepaper to Help Employers Comply with New EEOC Guidance on Criminal Records

To help employers understand the updated U.S. Equal Employment Opportunity Commission (EEOC) Guidance on the use of criminal records, Employment Screening Resources (ESR) Founder and CEO Attorney Lester Rosen has written a new whitepaper, ‘Practical Steps Employers Can Take to Comply with New EEOC Criminal Record Guidance.’ The complimentary whitepaper from ESR is undergoing a controlled release and will be available to employers by emailing EEOCwhitepaper@esrcheck.com. Continue reading

Department of Labor Issues Training Letter to Job Banks on New EEOC Guidance for Criminal Records

The U.S. Department of Labor’s Employment and Training Administration (ETA), in conjunction with the Civil Rights Center (CRC), has issued a Training and Employment Guidance Letter (TEGL) to public Job Banks and other “covered entities” on complying with nondiscrimination provisions that include new Equal Employment Opportunity Commission (EEOC) Guidance on criminal record restrictions and disparate impact based on race and national origin. The ‘TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 31-11’ is available at: http://wdr.doleta.gov/directives/corr_doc.cfm?docn=9230. Continue reading

Proposal would Delay Criminal Background Checks by Employers in Seattle until Later in Hiring Process

A proposal by Seattle City Councilman Bruce Harrell would prevent most employers in the city of Seattle, Washington from denying jobs to job applicants based solely on their criminal history by delaying criminal background checks until later in the hiring process, according to a report from KOMO News Channel 4. Continue reading

Equal Employment Opportunity Commission Seeks Public Comment on Strategic Enforcement Plan by September 18

The U.S. Equal Employment Opportunity Commission (EEOC) – the agency that enforces federal laws prohibiting employment discrimination – has released a draft of the EEOC Strategic Enforcement Plan (SEP) open for public comment until September 18, 2012.  The draft of the SEP, which will integrate all components of the EEOC’s private, public, and federal sector enforcement, is available at http://www.eeoc.gov/eeoc/plan/sep_public_draft.cfm. Continue reading

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