Case of Mistaken Identity in Background Check Shows Importance of Accurate Employment Screening

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 …

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Court Rules Staffing Firm that Outsources Background Checks Cannot be Sued Under FCRA

By Lester Rosen, Attorney and President of Employment Screening Resources (ESR) A staffing firm that places individuals in temporary positions with independent employers cannot be sued under the federal Fair Credit Reporting Act (FCRA) when a background check firm hired by the staffing firm delivers a background check report that is inaccurate or erroneous.  In …

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Court Finds No Liability Though Background Check Report Inaccurate since Employer Already Decided Not to Hire Applicant

In a case that touched upon number of issues affecting background checks, a federal district court held that even though a background check report was erroneous and inaccurate, it had no bearing on the employment decision since a hospital had already decided to not hire a candidate based upon their prior knowledge of misconduct and …

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Controversial and Discriminatory Use of Job Applicant Credit Reports by Employers Tops Background Screening Trends List for 2011

By Lester Rosen, Employment Screening Resources (ESR) President & Thomas Ahearn, ESR News Editor For the past four years, Employment Screening Resources (ESR) – a leading background check provider to employers accredited by the National Association of Professional Background Screeners (NAPBS®) – has compiled a “Top Ten Trends in Background Screening” list of emerging and …

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Employers Discover Fast and Cheap Online Background Checks Using Criminal Databases Not Always Accurate or Legal

By Lester Rosen, Employment Screening Resources (ESR) President & Thomas Ahearn, ESR News Editor According to an age old platitude, “If something looks too good to be true, it probably is,” so employers should be wary of fast and cheap online criminal background checks that promise accurate and legal information on job applicants at the click …

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Inaccurate Criminal Background Check Information Leaves Innocent Man Jobless

By Thomas Ahearn, Employment Screening Resources (ESR) News Editor A man from North Philadelphia, Pennsylvania was stunned after he was fired from his job at a video-game store for ‘nondisclosure of information’ on his application caused by what turned out to be erroneous information on a background check, according to a story in the Philadelphia …

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Federal Court Rules Unnecessary Repetition of Single Criminal Incident can be Misleading and be the Basis of an Allegation for Punitive Damages Against Background Screening Firm

A case decided by a federal district court demonstrates the need for background screening firms to exercise reasonable procedures for maximum possible accuracy in order to avoid lawsuits for punitive damages.  In that case, the plaintiff alleged among other things that his background report unnecessarily repeated information about a single criminal incident multiple times, so …

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