Tag Archives: Legal risk

ESR CEO Lester Rosen to Present Webinar on Social Media Screening Risks

 SocialMedia

Written By ESR News Blog Editor Thomas Ahearn

Using social media to learn about potential employees can be an effective tool but comes with legal risks. To help employers understand this, Employment Screening Resources® (ESR) Founder and CEO Attorney Lester Rosen will present a Lorman Education Services live webinar – ‘Screening Applicants Using Social Networking Sites: Legal or Liability?’ – on January 18, 2016 from 1:00 PM to 2:30 PM EST. Continue reading

Legal Risks of Background Checks Examined in Webinar

Written By ESR News Blog Editor Thomas Ahearn

Background Checks & Legal ComplianceA panel of three legal experts will present a live 90 minute Continuing Legal Education (CLE) webinar to examine the legal risks employers face when conducting background checks and discuss the U.S. Equal Employment Opportunity Commission (EEOC) Guidance on then use of criminal records for hiring decisions. The webinar will take place on Wednesday, July 23, 2014 from 1:00 p.m. to 2:30 p.m. EDT/ 10:00 a.m. to 11:30 a.m. PDT. For more information, visit https://www.straffordpub.com/products/pre-employment-background-screening-under-2014-eeoc-guidance-and-intense-scrutiny-2014-07-23. Continue reading

Using Internet to Screen Applicants has Legal Risks

Written By Thomas Ahearn

Legal Risks & Legal ComplianceTo help employers and recruiters navigate legal risks when screening, Attorney Lester Rosen, CEO of Employment Screening Resources (ESR), will present a webinar with Clear Law Institute titled Legal Risks of Using the Internet to Recruit and Screen Applicants on Wednesday, May 21, 2014 from 3:00 PM to 4:15 PM ET. To register for this event, which has been approved by the HR Certification Institute (HRCI) for 1.25 hours of general recertification credit, visit: http://clearlawinstitute.com/legal-risks-of-using-the-internet-to-recruit-and-screen-applicants/. (NOTE: This webinar is rescheduled for July 10, 2014. Click here to learn more.) Continue reading

Background Check Firms Agree to Pay More than 18 Million Dollars to Settle Claims of FCRA Violations

Two background check firms have agreed to pay $18.6 million to settle three class action lawsuits alleging violations of the federal Fair Credit Reporting Act (FCRA) for “failing to take reasonable measures to ensure the accuracy of background check report provided to prospective employers.” A story by TopClassActions.com about the lawsuits is available at http://www.topclassactions.com/lawsuit-settlements/lawsuit-news/5437-background-check-firms-agree-to-18m-class-action-settlement. Continue reading

Legal Landscape Regarding Social Media Background Checks of Job Applicants Not Fully Formed

A recent Security Management article ‘Pre-employment Screening and Social Media’ examined how consideration of social media use of job applicants may become standard practice for employers during the hiring process in the future as technology improves and people spend more time online. While the legal challenges employers may face with social media background checks was not the focus of a recent ASIS International Information Asset Protection and Pre-Employment Screening Council (IAPPES) conference call, Security Management reached out to Attorney Lester Rosen, Founder and CEO of Employment Screening Resources® (ESR), for some perspective on the subject and found the legal landscape is not yet fully formed. The article by Megan Gates is available at http://www.securitymanagement.com/news/preemployment-screening-and-social-media-0012730. Continue reading

Latest Developments in Pre-Employment Background Screening Discussed in Webinar on July 2

Attorney and safe hiring expert Lester S. Rosen, Founder and CEO of Employment Screening Resources® (ESR), will participate in a live 90 minute Continuing Legal Education (CLE) webinar ‘Pre-Employment Background Screening: Latest Developments’ on Tuesday, July 2, 2013 from 1:00 PM to 2:30 PM EDT. For more information about this webinar from Strafford, which will also feature Attorney Pamela Q. Devata of Seyfarth Shaw and Attorney Cindy D. Hanson of Kilpatrick Townsend & Stockton as panelists, visit http://www.straffordpub.com/products/pre-employment-background-screening-latest-developments-2013-07-02. Continue reading

Dangers of Using Social Network Sites to Screen Job Applicants Reviewed in Audio Conference on January 29

To review the potential dangers employers face using so-called “social media background checks,” Attorney Lester Rosen, Founder and CEO of Employment Screening Resources (ESR), will participate in a live 90 minute audio conference ‘Screening Applicants Using Social Networking Sites: Legal or Liability?’ on Tuesday, January 29, 2013 from 1:00 PM to 2:30 PM EST. To register for the event presented with education services provider Lorman, visit http://www.lorman.com/audio-conference/390956. Continue reading

Webinar Shows How to Legally Use Criminal Records and Social Media Searches in Background Checks

To help show employers how to conduct legal background checks, Jared Callahan of Employment Screening Resources (ESR) will present a webinar with Business & Legal Resources (BLR) titled ‘Background Checks: How to Legally Use Criminal Records, Social Media Searches, and More’ on Thursday, September 13, 2012 from 10:30 a.m. to 12:00 p.m. PST (1:30 to 3:00 p.m. EST). For more information about the webinar, visit: http://catalog.blr.com/product.cfm/product/30744400. Continue reading

New EEOC Guidance on Criminal Background Checks Could Place Employers in Catch 22 Situation

The new U.S. Equal Employment Opportunity Commission (EEOC) Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 issued on April 25, 2012 could impose undeserved liability and risk on employers by placing them in an irreconcilable “Catch 22” situation where they will have to choose between conducting criminal background checks and risking liability for supposedly violating the EEOC’s Guidance or abandoning background checks and risking liability for criminal conduct by employees, according to a Legal Memorandum from The Heritage Foundation: “The Dangerous Impact of Barring Criminal Background Checks: Congress Needs to Overrule the EEOC’s New Employment ‘Guidelines.’” Continue reading

Facebook Warns Employers Asking Job Applicants for Social Media Passwords May Expose Businesses to Legal Liability

Responding to an increase in reports of employers seeking to gain “inappropriate access” to social network profiles of job applicants, online social media giant Facebook issued a warning to employers in a recent blog posted on the company website – ‘Protecting Your Passwords and Your Privacy’ – that the practice of asking job applicants for their social media passwords “undermines the privacy expectations and the security of both the user and the user’s friends” and could potentially expose businesses to “unanticipated legal liability.” The blog is available at: http://www.facebook.com/notes/facebook-and-privacy/protecting-your-passwords-and-your-privacy/326598317390057. Continue reading