A new report on background check companies from the National Consumer Law Center (NCLC) called ‘Broken Records: How Errors by Criminal Background Checking Companies Harm Workers and Businesses’ that claims mistakes on criminal background screening reports conducted for employers prevents many job seekers from finding work “is itself fatally flawed with errors and inaccuracy,” according to a safe hiring expert. To address the “erroneous information and unfounded conclusions” contained in the report, Attorney Lester S. Rosen has written an article, ‘Consumer Group Report on Inaccurate Criminal Background Check Reports Loses Impact Due to Lack of Objectivity and Errors,’ that is available at http://www.esrcheck.com/articles/NCLC-Report-on-Criminal-Background-Checks-Inaccurate.php. Continue reading
According to ‘THE EMPLOYMENT SITUATION – DECEMBER 2011’ from the U.S. Department of Labor’s Bureau of Labor Statistics, total nonfarm payroll employment added 200,000 jobs in December 2011 with most gains occurring in transportation and warehousing, retail trade, manufacturing, and health care. In addition, the change in total nonfarm payroll employment for October 2011 was revised from a gain of 100,000 jobs up to 112,000 jobs while the change for November 2011 was revised from a gain of 120,000 jobs down to 100,000 jobs. The Employment Situation for December 2011 will be available at http://www.bls.gov/news.release/pdf/empsit.pdf until the Employment Situation for January 2011 is released on Friday, February 3, 2012. Continue reading
Consumers and attorneys are looking more closely at background check reports and laws governing employment screening and filing more lawsuits against employers. On one hand, employers are being sued by victims that alleged the employer failed to perform adequate screening. On the other, employers and background screening firms also face lawsuits from job applicants complaining about the accuracy of background reports, or failure to meet the guidelines of the federal Fair Credit Reporting Act (FCRA). In a number of cases, class action suits are being utilized as the vehicle to bring legal actions against employers. This is Trend Number 7 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
Employment Screening Resources (ESR) – a nationwide background screening firm accredited by the National Association of Professional Background Screeners (NAPBS®) – has announced the development of the “ESR Assured ComplianceSM” process that allows employers to automatically comply with federal and state laws governing employment screening background checks through the company’s online paperless Applicant Generated Report (AGR) system that is constantly updated with required changes in hiring and employment regulations. For more information about “ESR Assured ComplianceSM,” visit http://www.esrcheck.com/ESR-Assured-Compliance.php. Continue reading
To help employers and recruiters better understand the legal risks of using the Internet for recruiting and screening job applicants, Attorney Lester Rosen, the founder and CEO of nationwide accredited background check firm Employment Screening Resources (ESR), will present an audio conference titled ‘Web 2.0 Caution! The Legal Line You Walk When Using Social Media and Search Engines to Recruit and Screen Applicants’ on Wednesday, October 26, 2011 from 1:30 PM to 3:00 PM Eastern Time (10:30 AM to 12:00 PM Noon Pacific Time). For more information, visit: http://www.esrcheck.com/Newsletter/ESR-Speaks/Web-20-Caution-Using-Social-Networking-Sites-and-Search-Engines-to-Recruit-and-Screen-Applicants-98/. Continue reading
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
Concerned that social media background checks may invade the privacy of consumers and raise legal issues, Senators Richard Blumenthal (D-Connecticut) and Al Franken (D-Minnesota) have sent a letter requesting information to an employment screening firm, Social Intelligence Corp., that locates, reviews, and stores data from the “Web and social media footprints” of consumers for up to seven years to give employers information about job applicants, according to a press release ‘Blumenthal, Franken Call on Social Intelligence Corp to Clarify Privacy Practices’ on Senator Blumenthal’s website.
An accreditation program for background screening agencies created by The National Association of Professional Background Screeners (NAPBS®) – a nonprofit trade association representing the background screening industry founded in 2003 – is helping to promote ethical business practices and establish standards for background screening firms performing employment background checks in the following areas: consumer protection, legal compliance, client education, product standards, service standards, and general business practices. Continue reading
The City and County of San Francisco Human Rights Commission (HRC) will host a public forum on the use of criminal history by employers for employment screening on Monday, July 25, 2011 to consider enacting limitations on the use of criminal records by making job applicants with criminal pasts – excluding sex offenders and those convicted of violent crimes – a “protected” class when looking for work, according to a July 2011 HRC memo. For more information about the forum, which will take place from 4:00 p.m. to 7:00 p.m. PT in Room 400 of San Francisco City Hall, visit the SF HRC website at http://www.sfgov.org/sfhumanrights.
In remarks made at the Society for Human Resource Management (SHRM) Employment Law and Legislative Conference held recently in Washington, DC, Lester Rosen, an Attorney and the author of ‘The Safe Hiring Manual,’ said every employer has a legal duty to exercise due diligence in hiring and employers that do not perform employment screening risk ending up as defendants in negligent hiring lawsuits, this according to the article ‘No Background Screening? Call Yourself ‘Defendant’’ on HR Daily Advisor. Continue reading