Tag Archives: EEOC

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

New EEOC Guidance on Criminal Background Checks Could Place Employers in Catch 22 Situation

The new U.S. Equal Employment Opportunity Commission (EEOC) Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 issued on April 25, 2012 could impose undeserved liability and risk on employers by placing them in an irreconcilable “Catch 22” situation where they will have to choose between conducting criminal background checks and risking liability for supposedly violating the EEOC’s Guidance or abandoning background checks and risking liability for criminal conduct by employees, according to a Legal Memorandum from The Heritage Foundation: “The Dangerous Impact of Barring Criminal Background Checks: Congress Needs to Overrule the EEOC’s New Employment ‘Guidelines.’” 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

Law Requiring Criminal Background Checks for Bus Drivers Called For Following NTSB Report on Fatal NY Crash

New York State Transportation Committee Chairman Charles J. Fuschillo, Jr. (R-Merrick) has called on the New York State Assembly to pass legislation (S5171B) that would require criminal background checks for bus drivers following a new National Transportation Safety Board (NTSB) report that examined a tragic March 12, 2011 bus crash in Bronx, NY which killed 15 people and recommended more comprehensive driver history checks of bus drivers, according to a press release posted by Fuschillo on his official website. A synopsis of the NTSB report, including a complete list of the safety recommendations, is available at http://www.ntsb.gov/news/events/2012/new_york_ny/index.html. 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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