Tag Archives: EEOC

Newark Bans the Box by Restricting Use of Criminal Background Checks by Employers Starting November 18

The City of Newark, New Jersey has passed Ordinance 12-1630 that takes effect Sunday, November 18, 2012 and will “ban the box” on job applications asking applicants about criminal records until they have been deemed qualified and eligible for employment and after a conditional job offer, thus restricting the ability of employers in the city with five or more employees to run criminal background checks. The text of Ordinance 12-1630 is available at http://www.esrcheck.com/file/NewarkOrdinance12-1630Text.pdf. Continue reading

Election 2012 Finds Nearly 6 Million Americans with Felony Convictions Unable To Vote

Most American adults are urged to vote on Election Day. However, many U.S. citizens are unable to vote. Approximately 5.8 million Americans have lost their right to vote in the 2012 Election due to a felony conviction and four states – Florida, Iowa, Kentucky, and Virginia – permanently disenfranchise ex-felons, according to the civil rights organization Advancement Project. The full story is available at: http://www.advancementproject.org/news/entry/states-deny-millions-of-ex-felons-voting-rights. Continue reading

City of Newark to Restrict Criminal Background Checks by Employers Beginning November 18

Effective November 18, 2012, an Ordinance passed by Newark, New Jersey will impose restrictions on employers in the city with five or more employees regarding the use of criminal background checks of job applicants. Newark employers will be prohibited from performing pre-job application criminal background checks and denying employment based on criminal background check results conducted post-offer without an individualized analysis of the criminal background using factors listed in the new Ordinance, which is available at: http://www.employmentlawalert.com/uploads/file/12-1630(1).pdf. Continue reading

Ban the Box Policies Removing Questions about Criminal Records from Job Applications Spreading in US

Two new reports from the National Employment Law Project (NELP) reveal that 42 cities and counties and seven states in the U.S. have adopted “Ban the Box” policies that remove questions about criminal history from job application forms and delay them until later in the hiring process to ensure that qualified job applicants with arrest or conviction records are not unfairly shut out from employment opportunities. A press release from NELP – a non-partisan, not-for-profit organization that focuses on issues affecting low-wage and unemployed workers – is available at: http://www.nelp.org/page/-/Press%20Releases/2012/PR-Ban-the-Box-Momentum.pdf?nocdn=1. Continue reading

Background Check May Have Prevented Convicted Con Man from Being Awarded City Contracts

According to a column on the DNAinfo.com New York website, a convicted con man who served three years in prison for passing bad checks and ripping off banks was awarded city contracts to restore parks without any kind of criminal background check. The man was later arrested for allegedly paying his workers with $50,000 in bad checks. The column on DNAinfo.com, a leading local news source covering New York City’s neighborhoods, is available at: http://www.dnainfo.com/new-york/20121011/new-york-city/city-awarded-contracts-convicted-swindler-without-background-check. Continue reading

CareerBuilder Study Finds Over 50 Percent of Employers Have Hired Job Applicants with Criminal Records

A study from CareerBuilder of more than 2,000 hiring managers nationwide revealed 51 percent of Human Resource managers reported that their organizations have hired a job applicant with a criminal record. More information about the study conducted by Harris Interactive©, which also looked at what job applicants with criminal records can do to better their chances of getting hired, is available on CareerBuilder.com®, the largest online career site in the U.S., at: http://www.careerbuilder.com/Article/MSN-3152-Job-Search-Half-of-employers-have-hired-someone-with-a-criminal-record/. Continue reading

EEOC Alleges Criminal Background Check Policy of Discount Retailer Violates Civil Rights Act of 1964

The U.S. Equal Employment Opportunity Commission (EEOC) – the agency that enforces federal laws prohibiting employment discrimination – has alleged that the criminal background check policy of Dollar General Corp., one of the largest discount retailers in the U.S. with over 10,000 stores in 40 states, has a ‘disparate impact’ on African-American job candidates and employees and violates of the Civil Rights Act of 1964. A full report on the story, a prime example of how criminal background checks by employers are coming under greater scrutiny by the EEOC, is available on the Nashville Business Journal website at: http://www.bizjournals.com/nashville/news/2012/09/10/dollar-generals-use-of-criminal.html. Continue reading

Safe Hiring Expert Presents Webinar on New EEOC Guidance at IHR Quality of Hire Event September 27

Attorney Lester Rosen, founder and CEO of Employment Screening Resources (ESR) and author of the updated second edition of ‘The Safe Hiring Manual,’ will present a webinar, ‘Practical Steps Employers Can Take to Comply with the New EEOC Criminal Guidance,’ at the Institute for Human Resources (IHR) Quality of Hire Virtual Event on Thursday, September 27, 2012 from 11:00 AM to 12:00 PM ET. To register for the webinar, which will help HR Professionals understand U.S. Equal Employment Opportunity Commission (EEOC) Guidance on the use of criminal records, visit: http://www.esrcheck.com/Newsletter/ESR-Speaks/Practical-Steps-Employers-Can-Take-to-Comply-with-the-New-EEOC-Criminal-Guidance-147/. Continue reading

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