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 …Continue reading "New Indiana Law Restricts Criminal History Information Reported in Background Checks Starting July 1"
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, …Continue reading "California Bill to Prohibit Cities and Counties from Asking about Criminal History on Job Applications Fails"
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 …Continue reading "DOL Hiring Discrimination Case against Federal Contractor Involving Applicant Screening Settled for Two Million Dollars"
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 …Continue reading "Background Checks Prevent Employee Fraud in Workplace According to Safe Hiring Expert at ACFE Conference"
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 …Continue reading "Many Small Businesses Unaware of New EEOC Enforcement Guidance on Use of Criminal Records by Employers"
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 …Continue reading "National Association of Professional Background Screeners to Release Study Affirming Accuracy of Background Checks"
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 …Continue reading "Vermont to Prohibit Employers from Using Credit Reports for Employment Decisions Starting July 1"
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 …Continue reading "New EEOC Guidance on Criminal Background Checks Could Place Employers in Catch 22 Situation"
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 …Continue reading "International Background Checks and New EEOC Guidance Explained in Webinars on June 13 and June 14"
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 …Continue reading "Law Requiring Criminal Background Checks for Bus Drivers Called For Following NTSB Report on Fatal NY Crash"