Tag Archives: legal compliance

FTC Approves Final Order Settling Charges against Criminal Background Check Report Marketers

The Federal Trade Commission (FTC) has approved a final order settling charges that Filiquarian Publishing LLC, Choice Level LLC, and their CEO operated as a consumer reporting agency (CRA) that provided criminal background check reports to be used for employment decisions without taking consumer protection measures required by the Fair Credit Reporting Act (FCRA).  A press release from the FTC about the final order is available at http://www.ftc.gov/opa/2013/05/filiquarian.shtm. Continue reading

Immigration Bill in Senate Would Require Employers to Use E-Verify Employment Eligibility Verification System

A comprehensive immigration bill introduced in the Senate – S. 744 – would require all U.S. employers to use E-Verify, a free web-based employment eligibility verification system that compares information from the Employment Eligibility Verification, Form I-9 all newly hired workers must complete to records in Department of Homeland Security (DHS) and Social Security Administration (SSA) databases to verify their legal work status. The full text of S. 744 is available at http://www.gpo.gov/fdsys/pkg/BILLS-113s744is/pdf/BILLS-113s744is.pdf. Continue reading

Company Pays Over 13 Million Dollars to Settle Suit Alleging Background Check Reports Were Sold to Debt Collectors

A U.S. company providing risk management solutions has agreed to pay $13.5 million and overhaul its background check search product to settle a national class action suit that claimed the firm sold background check reports to debt collectors without following consumer protection laws, according to a report in the Dayton (OH) Daily News that cites the Law360 website. The full story is available at http://www.daytondailynews.com/news/business/lexisnexis-pays-135m-to-settle-suit/nWxJQ/. Continue reading

New EEOC Criminal Record Guidance Subject of Session at SHRM Conference in Albuquerque on February 25

Attorney Lester Rosen, a safe hiring expert and founder and CEO of background check firm Employment Screening Resources (ESR), will present a session titled ‘Practical Steps to Comply with the New Equal Employment Opportunity Commission (EEOC) Criminal Record Guidance’ at the 2013 Society for Human Resource Management (SHRM) NM Employment Law & Legislative Conference in Albuquerque, New Mexico on Monday, February 25, 2013 from 2:00 PM to 3:15 PM MST. For more information and to register for the SHRM conference, visit http://www.shrmnm.org/2013_Legislative_Conference.aspx. Continue reading

DOL Office of Contract Compliance Programs Issues Directive on Use of Criminal Records for Background Checks

The Department of Labor’s (DOL) Office of Contract Compliance Programs (OFCCP) has issued a new Directive on ‘Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race and National Origin.’ The OFCCP Directive advises federal contractors and subcontractors about potential discriminatory liability resulting from using criminal records for employment background checks and warns policies that exclude workers with criminal records without taking into account the age and nature of the offense could violate Title VII of the Civil Rights Act by adversely impacting minority candidates. The OFCCP Directive, which took effect immediately, is available at http://www.dol.gov/ofccp/regs/compliance/directives/dir306.htm. Continue reading

Allegation of Failure to Update FCRA Compliance Forms by National Retailer Leads to 3 Million Dollar Settlement

A large national retailer has settled an employment class action lawsuit for $3 million that alleged the company violated the federal Fair Credit Reporting Act (FCRA) by failing to send proper notices to nearly 65,000 plaintiffs who were job applicants. More detailed information about the settlement reached in Pitt v. KMart Corp., Case No. 11-cv-00697 is available at: http://www.archive.org/download/gov.uscourts.vaed.272989/gov.uscourts.vaed.272989.56.0.pdf. 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

Employment Screening Resources Partners with GuideOne Insurance SafeChurch Program to Provide Discounted Background Checks

NOVATO, CA – December 17, 2012—Employment Screening Resources (ESR), a nationwide accredited background check firm, is pleased to announce a partnership with the GuideOne Insurance SafeChurch® program, a comprehensive church risk management resource, to offer discounted background check services and expert advice in implementing screening programs to SafeChurch members. For more information about background checks from Employment Screening Resources (ESR) for SafeChurch members, call Toll Free 888-999-4474 or visit https://www.safechurch.com/Pages/bgchecks.aspx. Continue reading

ESR Integration with Oracle TBE Cloud Service Provides Automated Talent Management and Background Screening

Both talent management and background screening are quickly becoming more automated with technology. An Oracle Gold Partner, nationwide background check firm Employment Screening Resources (ESR) now provides validated integrations of the Oracle Taleo Business Edition (TBE) Cloud ServiceTM to offer automated talent management solutions to businesses wanting to recruit, hire, train, and retain top talent. With the Oracle TBE Cloud Service integration with the ESR Applicant Generated ReportsSM (AGR) system, employers enjoy automated, paperless, and fully compliant background screening. The Oracle Gold Partner page for ESR is available at https://solutions.oracle.com/scwar/sc/Partner/SCPP-ESRCHECK.html. 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