Tag Archives: EEOC

DOL Office of Contract Compliance Programs Issues Directive on Use of Criminal Records for Background Checks

The Department of Labor’s (DOL) Office of Contract Compliance Programs (OFCCP) has issued a new Directive on ‘Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race and National Origin.’ The OFCCP Directive advises federal contractors and subcontractors about potential discriminatory liability resulting from using criminal records for employment background checks and warns policies that exclude workers with criminal records without taking into account the age and nature of the offense could violate Title VII of the Civil Rights Act by adversely impacting minority candidates. The OFCCP Directive, which took effect immediately, is available at http://www.dol.gov/ofccp/regs/compliance/directives/dir306.htm. Continue reading

Kaplan Higher Learning Wins Summary Judgment in Nationwide Hiring Discrimination Lawsuit Filed by EEOC

Ending a two year dispute, Kaplan Higher Learning Education Corp. has won a summary judgment in a nationwide hiring discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) over Kaplan’s use of credit checks as part of its hiring process that the EEOC alleged violated Title VII due to an unlawful “disparate impact” on Black applicants. The full summary judgment in the case of EEOC vs. Kaplan is available at http://www.esrcheck.com/file/EEOCvsKaplan_SummaryJudgment.pdf. Continue reading

Safe Hiring Expert Submits Public Comments to US Commission on Civil Rights about Criminal Background Checks

A letter of public comment was recently submitted by Attorney and safe hiring expert Lester Rosen, Founder and CEO of Employment Screening Resources (ESR), to the U.S. Commission on Civil Rights (USCCR). The comments by Rosen supplemented views stated by the National Association of Professional Background Screeners (NAPBS) at a December 7, 2012 briefing on the impact of criminal background checks and the Equal Employment Opportunity Commission’s (EEOC) conviction records policy on employment of black and Hispanic workers. To read the entire letter, visit http://www.esrcheck.com/Lester-Rosen-Public-Comments-to-USCCR.php. Continue reading

Safe Hiring Expert Lester Rosen Interviewed about Top 10 Background Check Trends for 2013

Attorney and safe hiring expert Lester Rosen, Founder and CEO of nationwide accredited background check firm Employment Screening Resources (ESR), was recently interviewed by Tom Field, Vice President of Editorial with Information Security Media Group, about the 6th annual ESR ‘Top 10 Background Check Trends for 2013.’ The interview with Rosen revealed a new emphasis on the accuracy of information in reports and use of criminal records by employers. To listen to the interview, visit the BankInfoSecurity.com website at http://www.bankinfosecurity.com/interviews/top-10-screening-trends-for-2013-i-1760. Continue reading

New EEOC Criminal Guidance Subject of Human Resources Virtual Conference Webcast on January 16

To help all Human Resources professionals involved in recruiting comply with new Equal Employment Opportunity Commission (EEOC) Guidance on the use of arrest and conviction records, Employment Screening Resources (ESR) President Brad Landin will present a webcast titled ‘Dealing with the New EEOC Criminal Guidance’ at the HR.com Quality of Hire Virtual Conference on Wednesday, January 16, 2013 from 11:00 AM to 12:00 PM EST. For more information about the webcast, please visit: http://www.hr.com/en?t=/contentManager/onStory&StoryID=1355511089428. Continue reading

EEOC Updates Guidance on Criminal Records to Prevent Employment Discrimination during Background Checks

On April 25, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) – the agency that enforces federal laws prohibiting employment discrimination – voted 4 to 1 to update the Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. According to the EEOC, the updated Guidance builds on longstanding court decisions and guidance documents that the EEOC issued over 20 years ago and focuses on employment discrimination based on race and national origin. This greater focus by the EEOC on how employers use criminal records is Trend 2 of the 6th Annual ‘ESR Top Ten Background Check Trends for 2013’ available at http://www.esrcheck.com/Top-Ten-Background-Check-Trends-for-2013.php. Continue reading

Ban the Box Movement Removing Question about Criminal Records from Job Applications Spreads Across United States

In December 2012, Pittsburgh, Pennsylvania and Wilmington, Delaware became the latest U.S. cities to join the growing “ban the box” movement when the City Council passed legislation that eliminated the check box asking about criminal history from job applications for the city. Pittsburgh joined other U.S. cities such as Boston, Chicago, Detroit, Philadelphia, San Francisco, Seattle, and Washington DC in banning the box. Reports from the National Employment Law Project (NELP) reveal more than 40 cities and counties and seven states have adopted “ban the box” policies that remove questions about criminal history from job application forms and delay them until later in the hiring process to ensure that qualified job applicants with arrest or conviction records are not unfairly shut out from employment opportunities. This growing trend is Number 3 of the 6th Annual ‘ESR Top Ten Background Check Trends for 2013’ available at http://www.esrcheck.com/Top-Ten-Background-Check-Trends-for-2013.php. Continue reading

Safe Hiring Expert to Present Webinar on How Employers Can Comply with New EEOC Criminal Guidance

Attorney Lester Rosen, Founder and CEO of background check firm Employment Screening Resources (ESR), will present a webinar with Avant Resources to help employers maintain compliance with new U.S. Equal Employment Opportunity Commission (EEOC) Guidance for the use of criminal records. The hour long webinar, ‘How Employers Can Comply with the New EEOC Criminal Guidance,’ will take place on Wednesday, December 12, 2012 at 12:00 p.m. PT, and more information is available at: http://www.avantresources.com/store/events/how-employers-can-comply-with-the-new-eeoc-criminal-guidance. Continue reading

EEOC Performance and Accountability Report Under New Strategic Plan Shows Record High Monetary Recoveries for Discrimination Victims

The U.S. Equal Employment Opportunity Commission (EEOC) has announced record high monetary recoveries for victims of discrimination for Fiscal Year (FY) 2012 – more than $365 million – in its first Performance and Accountability Report (PAR) compiled under the standards of the EEOC’s new Strategic Plan. The PAR for FY 2012 is available at http://www.eeoc.gov/eeoc/plan/upload/2012par.pdf.  An EEOC press release detailing the PAR findings, which also include a significant decrease in the inventory of pending cases, is available at http://www.eeoc.gov/eeoc/newsroom/release/11-19-12.cfm. Continue reading

Newark Bans the Box by Restricting Use of Criminal Background Checks by Employers Starting November 18

The City of Newark, New Jersey has passed Ordinance 12-1630 that takes effect Sunday, November 18, 2012 and will “ban the box” on job applications asking applicants about criminal records until they have been deemed qualified and eligible for employment and after a conditional job offer, thus restricting the ability of employers in the city with five or more employees to run criminal background checks. The text of Ordinance 12-1630 is available at http://www.esrcheck.com/file/NewarkOrdinance12-1630Text.pdf. Continue reading