Tag Archives: EEOC

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

Election 2012 Finds Nearly 6 Million Americans with Felony Convictions Unable To Vote

Most American adults are urged to vote on Election Day. However, many U.S. citizens are unable to vote. Approximately 5.8 million Americans have lost their right to vote in the 2012 Election due to a felony conviction and four states – Florida, Iowa, Kentucky, and Virginia – permanently disenfranchise ex-felons, according to the civil rights organization Advancement Project. The full story is available at: http://www.advancementproject.org/news/entry/states-deny-millions-of-ex-felons-voting-rights. Continue reading

City of Newark to Restrict Criminal Background Checks by Employers Beginning November 18

Effective November 18, 2012, an Ordinance passed by Newark, New Jersey will impose restrictions on employers in the city with five or more employees regarding the use of criminal background checks of job applicants. Newark employers will be prohibited from performing pre-job application criminal background checks and denying employment based on criminal background check results conducted post-offer without an individualized analysis of the criminal background using factors listed in the new Ordinance, which is available at: http://www.employmentlawalert.com/uploads/file/12-1630(1).pdf. Continue reading

Ban the Box Policies Removing Questions about Criminal Records from Job Applications Spreading in US

Two new reports from the National Employment Law Project (NELP) reveal that 42 cities and counties and seven states in the U.S. 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. A press release from NELP – a non-partisan, not-for-profit organization that focuses on issues affecting low-wage and unemployed workers – is available at: http://www.nelp.org/page/-/Press%20Releases/2012/PR-Ban-the-Box-Momentum.pdf?nocdn=1. Continue reading

Background Check May Have Prevented Convicted Con Man from Being Awarded City Contracts

According to a column on the DNAinfo.com New York website, a convicted con man who served three years in prison for passing bad checks and ripping off banks was awarded city contracts to restore parks without any kind of criminal background check. The man was later arrested for allegedly paying his workers with $50,000 in bad checks. The column on DNAinfo.com, a leading local news source covering New York City’s neighborhoods, is available at: http://www.dnainfo.com/new-york/20121011/new-york-city/city-awarded-contracts-convicted-swindler-without-background-check. Continue reading