Tag Archives: EEOC

Report Examines Employer Compliance with New EEOC Guidance on Criminal Records Released in 2012

A report from Community Legal Services (CLS) of Philadelphia, PA titled ‘EEOC’s Criminal Record Guidance One Year Later: Lessons from the Community’ examines employer compliance with the 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’ released on April 25, 2012. The complete report by Sharon M. Dietrich, Managing Attorney of CLS, is available at http://xa.yimg.com/kq/groups/1624843/1552763922/name/EEOC%20CHR%20guidance%20one%20year%20later%20-%20policy%20paper.pdf. Continue reading

EEOC Responds to Attorneys General Letter Urging Reconsideration of Criminal Background Check Guidance

The Chair of the U.S. Equal Employment Opportunity Commission (EEOC) has responded to a letter sent in July 2013 from the Attorneys General of nine states – Alabama, Colorado, Georgia, Kansas, Montana, Nebraska, South Carolina, Utah, and West Virginia – that urged the EEOC to reconsider positions expressed in its ‘Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964’ approved in April 2012. The complete EEOC letter is available at http://www.esrcheck.com/file/EEOC-Response-to-AG-Letter.pdf. Continue reading

Background Check Expert Lester Rosen of Employment Screening Resources Joins CrimApollo Advisory Board

Attorney Lester Rosen, Founder and CEO of Employment Screening Resources® (ESR), has joined the advisory board of CrimApollo, a provider of a unique online assessment process that helps employers use criminal record information in compliance with Equal Employment Opportunity Commission (EEOC) Guidance. ESR and CrimApollo are also working on a strategic relationship whereby ESR clients may utilize CrimApollo services. More information about the full CrimApollo Advisory Board is available at http://www.crimapollo.com/aboutus.php. Continue reading

NAPBS Applauds NBC Today Show Report for Recognizing Importance of Employee Background Checks

The National Association of Professional Background Screeners (NAPBS®) applauds an NBC Today Show report by National Investigative Correspondent Jeff Rossen for emphasizing “the critically important role background screening plays in today’s business environment,” according to a press release from the NAPBS available at http://www.businesswire.com/news/topix/20130820006390/en. Continue reading

EEOC Background Check Lawsuit Dismissed by Court Based On Unreliable Expert Reports

In a Memorandum Opinion issued in the case of Equal Employment Opportunity Commission (EEOC) v. Freeman, Judge Roger Titus of the U.S. District Court for the District of Maryland dismissed a lawsuit brought by the EEOC alleging that corporate events service provider Freeman, Inc. “unlawfully relied upon credit and criminal background checks that caused a disparate impact against African-American, Hispanic, and male job applicants,” according to a blog on WorkplaceClassAction.com. The blog is available at http://www.workplaceclassaction.com/2013/08/court-dismisses-eeocs-background-check-lawsuit-based-on-its-reliance-on-laughable-and-unreliable-expert-report-filled-of-errors-and-analytical-fal/. Continue reading

Attorneys General from Nine States Send Letter to EEOC Expressing Concern about Background Check Ban

The Attorneys General from nine states – Alabama, Colorado, Georgia, Kansas, Montana, Nebraska, South Carolina, Utah, and West Virginia – have sent a letter to the U.S. Equal Employment Opportunity Commission (EEOC) expressing concern about two recent lawsuits filed by the EEOC against companies that use criminal background checks when hiring new employees. The signed letter dated July 24, 2013 is available at http://www.esrcheck.com/file/Atty-General-Criticism-of-EEOC_2013-7-24.pdf. Continue reading

Safe Hiring Expert to Discuss Use of Criminal Convictions in Employment at 2013 ABA Annual Meeting in San Francisco

Attorney Lester S. Rosen, Founder and CEO of background check firm Employment Screening Resources® (ESR), will discuss the ‘Use of Criminal Convictions in Employment’ on Friday, August 9, 2013 for the Section of Labor and Employment Law at the 2013 American Bar Association (ABA) Annual Meeting in San Francisco, CA. The panel discussion will take place from 2:00 PM to 3:30 PM PST in Moscone Center West, Room 3007, Third Floor. For more information about the Section of Labor and Employment Law at the 2013 ABA Annual Meeting, visit http://www.americanbar.org/groups/labor_law/events_cle/abalel_annual.html. Continue reading

EEOC Guidance on Criminal Records Focuses on Employment Discrimination during Background Checks

In April 2012, the U.S. Equal Employment Opportunity Commission (EEOC) – the agency that enforces federal laws prohibiting employment discrimination – voted 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. The updated Guidance, which focuses on employment discrimination based on race and national origin, is available at http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm. Continue reading

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