Tag Archives: EEOC

Alleged Killing by Cafe Worker with Criminal Past Demonstrates Need for Small Business to Perform Background Checks

A recent story from The Charlotte Observer about an ex-felon hired to work at a cafe who allegedly killed a pregnant cafe manager by fatally stabbing her during a robbery demonstrates the need for small businesses to perform background checks, as well as the risks taken when hiring employees with criminal records or the exposure to legal liability faced when failing to conduct thorough background checks on job applicants. The Charlotte Observer story ‘Killing puts background checks in spotlight’ is available at: http://www.charlotteobserver.com/2012/01/28/2965684/killing-puts-background-checks.html. Continue reading

Top Background Check Trends of 2012 Detailed by Safe Hiring Expert in Interview

The question of whether criminal background checks for job applicants are a smart move or a discriminatory practice is answered by Attorney and safe hiring expert Lester Rosen, founder and CEO of background check firm Employment Screening Resources (ESR), in an exclusive interview with Tom Field, Editorial Director of Information Security Media Group. The interview ‘Top 10 Screening Trends – What You Need to Know Before Conducting Background Checks’ detailing ESR’s Top 10 trends in background checks for 2012 is at: http://www.bankinfosecurity.com/interviews.php?interviewID=1347. Continue reading

Discrimination and Disparate Impact of High School Diploma Requirement for Learning Disabled Discussed in EEOC Letter

The U.S. Equal Employment Opportunity Commission (EEOC) Office of Legal Counsel recently wrote an informal discussion letter in response to an inquiry from a member of the public asking whether the Americans with Disabilities Act (ADA), as amended by the ADA Amendments Act (ADAAA) of 2008, prohibited a state from requiring students with learning disabilities to take “Gateway tests” or “end-of-course assessments” in order to receive their full high school diplomas. This letter, which is intended to provide an informal discussion of the issue and does not constitute official EEOC opinion, is at: http://www.eeoc.gov/eeoc/foia/letters/2011/ada_qualification_standards.html. Continue reading

Pepsi Pays 3 Million after EEOC Finds Hiring Discrimination against African Americans with Background Check Policy

Following an investigation by the U.S. Equal Employment Opportunity Commission (EEOC), Pepsi Beverages has agreed to pay $3.13 million and make major policy changes by providing job offers and training to resolve a charge of nationwide hiring discrimination against African Americans with criminal background checks, according to a press release from the EEOC website. The Commission found that the criminal background check policy formerly used by Pepsi discriminated against African Americans in violation of Title VII of the Civil Rights Act of 1964, and most of the monetary settlement will primarily be divided among black applicants for positions at Pepsi. Continue reading

Background Check Trends List for 2012 Topped by Greater Scrutiny of Criminal Record Checks of Job Applicants

The use – and, in some cases, misuse – of criminal background checks of job applicants by employers, a practice which has come under greater scrutiny of the U.S. Equal Employment Opportunity Commission (EEOC), has topped the fifth annual Employment Screening Resources ‘Top 10 Trends in Background Checks’ for 2012. For the past five years, Attorney Lester Rosen, founder and CEO of Employment Screening Resources (ESR) – ‘The Background Check Authority(SM)’ and nationwide background screening firm accredited by the National Association of Professional Background Screeners (NAPBS®) – has compiled a list featuring emerging and influential trends in employment screening background checks for employers. Continue reading

California Bill AB 1450 would Prohibit Discrimination against Unemployed Jobseekers by Employers or Employment Agencies

In an effort to help stop discrimination against unemployed Californians looking for work who may be passed over by employers or employment agencies only interested in hiring applicants who already have a job, newly proposed legislation in the state – California Assembly Bill No. 1450 (AB 1450) – would fine California employers and employment agencies that refuse to consider jobless applicants for job openings. The full text of California AB 1450 is available at: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1401-1450/ab_1450_bill_20120105_introduced.pdf. Continue reading

Criminal Background Checks of Job Applicants by Employers Coming Under Greater Scrutiny by EEOC

With a recent survey showing nine out of ten employers conduct criminal background checks on some or all job candidates, the Equal Employment Opportunity Commission (EEOC) held a public meeting in July 2011 examining the use of arrest and conviction records by employers for criminal background checks to determine if the practice was an unfair and discriminatory hiring barrier to job seeking ex-offenders. The EEOC’s actions, coupled with the growing “Ban the Box” movement seeking to remove the criminal history question from job applications, shows that employer use of criminal records is under fire now more than ever. This is Trend Number 1 of the fifth annual ‘Employment Screening Resources (ESR) Top 10 Trends in Background Checks’ for 2012. To view the list of trends, visit http://www.esrcheck.com/ESR-Top-10-Trends-in-Background-Checks-for-2012.php. Continue reading

Credit Report Background Checks of Job Applicants by Employers Increasingly Regulated by State Laws

In recent years, several U.S. states have passed laws regulating the use of employment credit reports of job applicants and current employees that have impacted the way employers conduct background checks. Seven states – California, Connecticut, Hawaii, Illinois, Maryland, Oregon, and Washington – currently have laws that limit the use of credit report checks by employers for employment purposes, with the most recent law, California Assembly Bill 22 (CA AB 22), taking effect January 1, 2012. Other states, and the U.S. Equal Employment Opportunity Commission (EEOC), are considering further restrictions on credit checks by employers. This is Trend Number 2 of the fifth annual ‘Employment Screening Resources (ESR) Top 10 Trends in Background Checks’ for 2012. To view the list of trends, visit http://www.esrcheck.com/ESR-Top-10-Trends-in-Background-Checks-for-2012.php. Continue reading

Study Shows Nearly One Third of Young Adults in United States Arrested by Age 23

Further evidence that the number of people in the United States who have criminal records is larger than most people think, the federal government’s National Longitudinal Survey of Youth 1997 (NLSY97) has found that nearly one third of the 23-year-olds participating in the study – 30.2 percent – reported being arrested for an offense other than a minor traffic violation, a figure noticeably higher than the 22 percent reported in an earlier NLSY study conducted in 1965. More information about The NLSY97 study may be found at http://www.bls.gov/nls/nlsy97.htm. Continue reading

Survey Finds Nearly All Retailers Polled Use Background Screening to Keep Customers and Stores Safe

Illustrating the importance of employee background screening in keeping customers and retailers safe, the National Retail Federation (NRF) has released a new survey completed by retail executives from nearly 100 of the nation’s leading department stores, mass merchants, discounters, drug stores, grocery stores, and restaurants that shows nearly all retailers polled – 96.6 percent – utilize some form background screening during the application, hiring, and employment process. The NRF ‘Background Screening: Protecting Retailers and Consumers’ Survey is available for download at: http://www.nrf.com/backgroundscreening. Continue reading