Tag Archives: EEOC

EEOC Chair Says Criminal Background Checks by Employers Not Banned

In a letter to the Wall Street Journal responding to the June 15, 2013 article ‘Banning Background Checks,’ Jacqueline A. Berrien, Chair of the U.S. Equal Employment Opportunity Commission (EEOC), denied the article’s suggestion that the EEOC believes criminal background checks by employers are “racist” and that the agency wants to ban the practice. The letter to the Wall Street Journal from Chair Berrien is available at http://online.wsj.com/article/SB10001424127887323893504578555722405188406.html. Continue reading

EEOC Sends Message to Employers that Criminal Records of Job Applicants Must Be Used Carefully

In the Wall Street Journal article ‘Employment Checks Fuel Race Complaints,’ Attorney Lester Rosen, Founder and CEO of background check company Employment Screening Resources® (ESR), says the U.S. Equal Employment Opportunity Commission (EEOC) has been delivering the same message to employers since the 1980s: “Criminal records need to be used carefully, not with brute force, more as a surgical instrument.” The article, which catalogues the increased scrutiny of background checks by the EEOC, is available at http://online.wsj.com/article/SB10001424127887323495604578539283518855020.html. Continue reading

Equal Employment Opportunity Commission Files Lawsuits against Two Employers for Use of Criminal Background Checks

The U.S. Equal Employment Opportunity Commission (EEOC) has filed lawsuits against two employers alleging they violated Title VII of the Civil Rights Act by implementing and utilizing a criminal background check policy that resulted in employees being fired or screened out for employment. A press release about the lawsuits – the first enforcement action against employers under the revised EEOC Guidance for using criminal records – is available at http://www.eeoc.gov/eeoc/newsroom/release/6-11-13.cfm. Continue reading

Best Practice Standards for Proper Use of Criminal Records in Hiring Addressed in New Report

A group of national civil and workers’ rights organizations has released a new report titled ‘Best Practice Standards: The Proper Use of Criminal Records in Hiring’ that addresses the use of criminal records of job applicants by employers during employment background checks. The organizations preparing the report include the Lawyers’ Committee for Civil Rights Under Law, the National H.I.R.E. Network, and the National Workrights Institute. Background screening industry consultants who helped to develop the Best Practice standards include Attorney Lester Rosen, Founder and CEO of Employment Screening Resources® (ESR), as well as Fred Giles and James Owens of CARCO Group, Inc. The full report is available at http://www.esrcheck.com/file/Best-Practice-Standards-Criminal-Records.pdf. Continue reading

Maryland Becomes Latest State to Ban the Box Asking Questions about Criminal History from Job Applications

With the signing Senate Bill 4 (SB 4) by Governor Martin O’Malley, Maryland became the ninth U.S. state to “Ban the Box” and remove questions about criminal history from state job applications while also postponing questions about criminal records of applicants until later in the hiring process.  SB 4 removes the criminal history question from state applications and defers the background check to later in the hiring process. To read SB 4, visit http://mgaleg.maryland.gov/2013RS/bills/sb/sb0004E.pdf. Continue reading

US Senate Confirms New Commissioner of Equal Employment Opportunity Commission

The U.S. Senate has confirmed Jenny Yang to serve in the post of Commissioner of the U.S. Equal Employment Opportunity Commission (EEOC), the agency that enforces federal laws prohibiting employment discrimination. Her term will expire on July 1, 2017.  A ‘Senate Floor Wrap Up’ for Thursday, April 25, 2013, the date of confirmation, is available at http://democrats.senate.gov/2013/04/25/senate-floor-wrap-up-for-thursday-april-25-2013/. Continue reading

Background Checks in California and How to Comply with New EEOC Guidance Explained in Webinar

Attorney Lester Rosen, Founder and CEO of San Francisco-area background check firm Employment Screening Resources® (ESR), will present a live California Employer Advisor (CEA) webinar titled ‘Background Checks in California: How To Comply with the EEOC’s Recently Issued Enforcement Guidance’ on Tuesday, April 30, 2013 from 10:30 a.m. to 12:00 noon Pacific. The webinar is available exclusively to CEA online subscribers at no cost. Non-members interested in the webinar may sign up for a membership. For more information, click here. Continue reading

EEOC Commission Meeting on March 20 Focuses on Improving and Measuring Quality of Investigations

The U.S. Equal Employment Opportunity Commission held a meeting on Wednesday, March 20, 2013 to develop the Quality Control Plan (QCP) called for in the EEOC’s 2012-2016 Strategic Plan to revise the criteria used to measure the quality of agency charge investigations and conciliations. Three roundtables – made up of EEOC front line staff, private employer and employee representatives, and EEOC managers – presented their views to develop a draft plan for Commission approval. A press release from the EEOC about the meeting is available at http://www.eeoc.gov/eeoc/newsroom/release/3-21-13a.cfm. Continue reading

Complaints to EEOC Allege National Retailer Discriminated against Job Applicants with Criminal Records

The National Association for the Advancement of Colored People (NAACP) and the community group TakeAction Minnesota have accused a large national retailer of unfair hiring practices that allegedly discriminated against job applicants with criminal records in ten formal complaints filed with the U.S. Equal Employment Opportunity Commission (EEOC). More information about this story is available on the Minneapolis (MN) Star Tribune website at http://www.startribune.com/business/192087561.html. Continue reading

EEOC Discusses Progress of Strategic Plan for Fiscal Years 2012 to 2016 in Public Meeting on February 20

The U.S. Equal Employment Opportunity Commission (EEOC) held a public meeting on February 20, 2013 to discuss progress, achievements, and implementation of the EEOC Strategic Plan for Fiscal Years 2012 to 2016 that was approved in a 4-1 vote in February 2012. The Strategic Plan serves as a framework for the EEOC to achieve its mission to stop and remedy unlawful employment discrimination by focusing on three objectives: strategic law enforcement, education and outreach, and efficiently serving the public. Information about the meeting is available at http://www.eeoc.gov/eeoc/meetings/2-20-13/index.cfm. Continue reading