Tag Archives: EEOC

New EEOC Criminal Record Guidance and Background Checks Discussed in Webinar on August 1

Background check expert Attorney Lester Rosen, founder and CEO of Employment Screening Resources (ESR), will be one of three panelists participating in a live 90-minute webinar and teleconference 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 Wednesday, August 1, 2012 from 1:00 p.m. to 2:30 p.m. EDT. For more information, visit: http://www.straffordpub.com/products/pre-employment-background-screening-after-eeocs-new-guidance-2012-08-01. Continue reading

New Penn State University Background Check Policy Calls for Criminal History and Child Abuse Record Checks

A new background check policy at Penn State University (PSU) that took effect July 5, 2012 – HR99, “Background Check Process” – requires final job candidates and third-party employees who are offered employment to undergo a criminal background check that includes a criminal history check and child abuse record check before approval, according to a report on the Penn State Live website, the university’s official news source. The new PSU background check policy is available at http://guru.psu.edu/policies/OHR/hr99.html. Continue reading

Background Check Expert Discusses New Risk Management Strategies for Employee Screening in Webinar on July 11

Attorney Lester Rosen, a background check expert and founder and CEO of Employment Screening Resources (ESR), will host a 90 minute webinar for BankInfoSecurity.com titled ‘Risk Management: New Strategies for Employee Screening’ on Wednesday, July 11, 2012 starting at 10:00 AM Eastern (7:00 AM Pacific) to discuss the latest background screening trends facilitating risk management practices. For more information or to register for the webinar, visit: http://www.bankinfosecurity.com/webinars/risk-management-new-strategies-for-employee-screening-w-282. Continue reading

New Indiana Law Restricts Criminal History Information Reported in Background Checks Starting July 1

Starting July 1, 2012, new legislation in Indiana – House Bill 1033 (HB 1033) – restricts criminal history reporting in background checks by prohibiting certain pre-employment inquiries, restricting the types of criminal history information that employers and background check report providers – also known as “Consumer Reporting Agencies” (CRAs) – can obtain from Indiana state court clerks, and restricting the types of criminal history information that CRAs can report to employers in background check reports. The full text of Indiana House Bill 1033 is available at: http://www.in.gov/legislative/bills/2012/HE/HE1033.1.html. Continue reading

California Bill to Prohibit Cities and Counties from Asking about Criminal History on Job Applications Fails

A California Assembly bill – AB 1831 – that would have prohibited cities and counties in the state from requesting criminal background information on initial job applications failed when the Senate Governance and Finance Committee decided not to extend similar restrictions on criminal record inquiries California adopted for state employees in 2010 to local governments, the Sacramento Bee reports. Introduced by Assemblyman Roger Dickinson (D-Sacramento) to help job seekers with a criminal history compete fairly with other applicants, AB 1831 would have allowed local governments to run background checks after finding the job applicant initially qualified. The text of the bill, which Dickinson said he will try to re-introduce next year, is available here: California Assembly Bill 1831. 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

Background Checks Prevent Employee Fraud in Workplace According to Safe Hiring Expert at ACFE Conference

In an article from the Orlando Business Journal, ‘Pre-screening new employees prevents fraud in workplace,’ Attorney Lester Rosen, CEO of Employment Screening Resources (ESR), indicated there is a “statistical certainty” that a company that does not background check job applicants will hire an employee with an “unsuitable” criminal record or false credentials. Rosen made the comments while discussing employee fraud and how to prevent it in the workplace at the Association of Certified Fraud Examiners (ACFE) 23rd Annual Conference and Exhibition in Orlando, Florida. The article is available at: http://www.bizjournals.com/orlando/news/2012/06/22/pre-screening-new-employees-prevents.html. 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

National Association of Professional Background Screeners to Release Study Affirming Accuracy of Background Checks

The National Association of Professional Background Screeners (NAPBS) has announced in press release that a recent study of background screening companies affirms the accuracy of background checks and refutes a report recently issued by the National Consumer Law Center (NCLC) that accused background screeners of routinely making mistakes. The NAPBS report, scheduled to be released later this summer, found that 98 percent of background screening providers surveyed encountered consumer disputes less than 5 percent of the time out of millions of background checks performed annually, and more than 95 percent of those disputed background check reports were ultimately found to be accurate. The NAPBS press release is available at: http://www.prweb.com/releases/prweb2012/6/prweb9603002.htm. Continue reading

Vermont to Prohibit Employers from Using Credit Reports for Employment Decisions Starting July 1

Continuing the trend of states stopping employers from routinely obtaining credit reports on applicants and employees to use in making employment decisions, Vermont Act No. 154 (S. 95) prohibits employers in the state, subject to various exceptions, from using or inquiring into credit reports or credit histories of job applicants and employees in the employment context and further prohibits discriminating against individuals based on their credit information. Vermont is the eighth state to restrict the use of credit reports by employers, joining California, Connecticut, Hawaii, Illinois, Maryland, Oregon, and Washington. The text of the new law, which goes into effect July 1, 2012, is available at: http://www.leg.state.vt.us/docs/2012/bills/Passed/S-095.pdf. Continue reading