While only four U.S. states – Hawaii, Oregon, Washington, and most recently Illinois – currently have laws limiting or prohibiting credit checks by employers on job applicants and employees, lawmakers in many U.S. states are currently proposing legislation restricting the use of credit reports for employment screening background checks.
In all, lawmakers in 18 U.S. states are considering bills that limit the use of credit report data for employment screening. These states include: California, Connecticut, Florida, Georgia, Indiana, Kentucky, Maryland, Michigan, Missouri, Montana, Nebraska, New Jersey, New Mexico, New York, Ohio, Pennsylvania, Texas, and Vermont. Continue reading
A recent story from Canada in The Vancouver Sun – ‘Controversial device popular with public, private employers’ – reveals that while tests using a “truth verification” device called a Computerized Voice Stress Analyzer (CVSA) to screen job applicants in British Columbia are becoming increasingly popular with employers, the accuracy rate is being questioned as some studies have shown the device to do no better than pure chance. Continue reading
In an effort to keep Human Resources (HR) leaders and professionals informed about the latest legislative, compliance, and regulatory issues affecting how they conduct day-to-day business in their workplaces – including employment screening and safe hiring – the Society for Human Resource Management (SHRM) will hold the 2011 SHRM Employment Law and Legislative Conference from Monday, March 14, 2011 to Wednesday, March 16, 2011 at the Hyatt Washington in Washington D.C.. For more information about the conference, visit: http://www.shrm.org/Conferences/EmploymentLawLegislativeConference/Pages/default.aspx. Continue reading
To avoid bad hiring decisions, employers have increasingly turned to pre-employment background screening as a risk management tool. However, no employment screening program can be conducted by employers without a full understanding of a number of laws including the Fair Credit Reporting Act (FCRA), discrimination and privacy laws, and the Americans with Disabilities Act (ADA). The challenge is even greater for California employers who must use caution when dealing with additional rules regulating employment screening. Continue reading
A story from the Palm Beach Post in South Florida reveals how a possible typographical error in the background check of a man hired to become a West Palm Beach school’s new headmaster and president may have led to school officials being unaware about his alleged past financial crimes, including a felony charge for writing a bad check and several civil lawsuits for failing to pay his debts. Continue reading
A ‘7 On Your Side’ report from KGO-TV ABC 7 in San Francisco, CA, shows that while many employers currently conduct criminal background checks on job applicants as part of an employment screening program, these job applicants can find out the hard way what happens if those background check results are a case of mistaken identity. Continue reading
Should employers be allowed to ask job applicants for the logins and passwords to their social network site profiles such as Facebook as part of employment background checks? The answer to this question may involve the next frontier of online privacy, suggests the American Civil Liberties Union (ACLU), after the Maryland Department of Corrections (DOC) asked a job candidate for his Facebook login information as part of a background check. Continue reading
The U.S. Equal Employment Opportunity Commission (EEOC) held a public meeting on Wednesday, February 16, 2011 to examine the practice by employers of considering only those currently employed for job vacancies and excluding currently unemployed persons from job applicant pools, including in job announcements, and also to hear from invited panelists on the potential impact on job seekers, according to an EEOC press release titled ‘Out of Work? Out of Luck.’ Continue reading
A proposed Colorado law would restrict the use of credit reports of job applicants by employers to certain situations, and make employers that use the information adversely indicate what information they relied upon in the credit report to make their decision. Continue reading
By Thomas Ahearn, Employment Screening Resources (ESR) News Editor
Lester Rosen, founder and President of Employment Screening Resources (ESR), a leading provider of background checks accredited by the National Association of Professional Background Screeners (NAPBS®), will speak about ‘The Risks of Using Social Networking for Employment Background Screening’ at the January monthly meeting for the Northern California Association of Health Care Recruiters (NCAHCR). The presentation, part of the ‘ESR Speaks’ background check speaking and training program, will take place on Wednesday, January 5, 2011 in Fremont, California.
Mr. Rosen – an Attorney at Law and author of ‘The Safe Hiring Manual – The Complete Guide to Keeping Criminals, Terrorists, and Imposters Out of Your Workplace’ – will explore the legal risks of using popular social networking sites like Facebook for background screening of job candidates. He is a recognized background check expert and frequent speaker nationwide on issues surrounding employment screening. Rosen was also the chairperson of the steering committee that founded NAPBS and also served as the first co-chairman.
For more information about ‘The Risks of Using Social Networking for Employment Background Screening,’ visit the ‘ESR Speaks’ page at http://www.esrcheck.com/Newsletter/ESR-Speaks/. For a summary of ‘ESR Speaks’ events for 2011, visit http://www.esrcheck.com/ESR_Speaks2011.php. Check back regularly for updates.
The Northern California Association of Health Care Recruiters (NCAHCR) promotes professional principles of health care recruitment and provides education for health care recruiters, hospital administration, and the community regarding recruiting, employment, and retention of health care personnel. To learn more, visit http://www.norcalahcr.org/.
Founded in 1996 in the San Francisco Bay area, Employment Screening Resources (ESR) is the company that wrote the book on background checks with ‘The Safe Hiring Manual’ by ESR founder and President Lester Rosen. Employment Screening Resources is accredited by The National Association of Professional Background Screeners (NAPBS®) Background Screening Credentialing Council (BSCC) for proving compliance with the Background Screening Agency Accreditation Program (BSAAP). ESR was the third U.S. background check firm to be ‘Safe Harbor’ Certified for data privacy protection. To learn more about ESR, visit http://www.ESRcheck.com or contact Jared Callahan, ESR Director of Client Relations, at 415.898.0044 or jcallahan@ESRcheck.com.