The Society for Human Resource Management (SHRM) — the world’s largest human resources association representing more than 250,000 members in over 140 countries — has issued a statement on the updated Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 issued by the U.S. Equal Employment Opportunity Commission (EEOC) on April 25, 2012. The updated Enforcement Guidance from the EEOC, the agency that enforces federal laws prohibiting employment discrimination, is available at http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm. (more…)

The U.S. Equal Employment Opportunity Commission (EEOC), the Government agency that enforces federal laws prohibiting employment discrimination, will hold a public meeting on Wednesday, April 25, 2012 to vote on proposed ‘Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964’ to revise guidance on the use of criminal records by employers for employment screening background checks. The meeting will take place at 9:30 A.M. Eastern Time in the Commission Meeting Room on the First Floor of the EEOC Office Building at 131 “M” Street, NE in Washington, D.C.. For more information, visit: http://www.eeoc.gov/eeoc/newsroom/release/4-19-12.cfm. (more…)

The Denver Post reports that Colorado senators have given initial approval to legislation – Senate Bill 3 (SB-3) The “Employment Opportunity Act” – that would restrict businesses in the state from using consumer credit report checks to screen most job applicants if passed. Sponsored by Senator Morgan Carroll (D-Aurora), SB-3 passed on a voice vote and now heads to a final reading before the Senate. If SB-3 is passed by the Senate and the House, Colorado would become the eighth U.S. state to restrict credit checks for employment, joining California, Connecticut, Hawaii, Illinois, Maryland, Oregon, and Washington. The text of SB-3 is available at: http://www.leg.state.co.us/clics/clics2012a/csl.nsf/fsbillcont3/8D79274CA03CF03A87257981007E0C6C?open&file=003_01.pdf. (more…)

With a recent survey showing nine out of ten employers conduct criminal background checks on some or all job candidates, the Equal Employment Opportunity Commission (EEOC) held a public meeting in July 2011 examining the use of arrest and conviction records by employers for criminal background checks to determine if the practice was an unfair and discriminatory hiring barrier to job seeking ex-offenders. The EEOC’s actions, coupled with the growing “Ban the Box” movement seeking to remove the criminal history question from job applications, shows that employer use of criminal records is under fire now more than ever. This is Trend Number 1 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. (more…)

In recent years, several U.S. states have passed laws regulating the use of employment credit reports of job applicants and current employees that have impacted the way employers conduct background checks. Seven states – California, Connecticut, Hawaii, Illinois, Maryland, Oregon, and Washington – currently have laws that limit the use of credit report checks by employers for employment purposes, with the most recent law, California Assembly Bill 22 (CA AB 22), taking effect January 1, 2012. Other states, and the U.S. Equal Employment Opportunity Commission (EEOC), are considering further restrictions on credit checks by employers. This is Trend Number 2 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. (more…)