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 …Continue reading "EEOC Updates Guidance on Criminal Records to Prevent Employment Discrimination during Background Checks"
For the last day of the year, nationwide accredited background check provider Employment Screening Resources (ESR) – http://www.esrcheck.com – has chosen the following ‘Top 20 Stories for Background Check Screening for 2012’ from the ESR News blog at http://www.esrcheck.com/wordpress/. Here are the top 20 stories for 2012 from ESR in order of the date posted:Continue reading "Top 20 Stories for Background Check Screening for 2012 from Employment Screening Resources"
In December 2012, Pittsburgh, Pennsylvania and Wilmington, Delaware became the latest U.S. cities to join the growing “ban the box” movement when the City Council passed legislation that eliminated the check box asking about criminal history from job applications for the city. Pittsburgh joined other U.S. cities such as Boston, Chicago, Detroit, Philadelphia, San Francisco, …Continue reading "Ban the Box Movement Removing Question about Criminal Records from Job Applications Spreads Across United States"
In an effort to create stronger privacy protections for consumers, several states passed laws in 2012 regarding the collection and use of Personally Identifiable Information (PII) of applicants and employees by employers during background checks, or had important privacy regulations passed in previous years take effect. In addition, the Federal Trade Commission (FTC) is requiring …Continue reading "New Privacy Laws for Collection and Use of Personal Data of Consumers Focus on Background Checks"
When applicants in the United States apply for jobs, they usually undergo a background check using a disclosure and consent form required by law where they provide Personally Identifiable Information (“PII”) such as name, date of birth, and Social Security number (“SSN”). What many job applicants and employers do not know is that certain U.S. …Continue reading "Offshoring Personal Data of Americans to Foreign Countries for Background Checks Opposed by Many US Screening Firms"
More and more background screening firms – also known as Consumer Reporting Agencies or “CRAs” – are facing lawsuits concerning the accuracy of background check reports and the failure to meet the guidelines of the federal Fair Credit Reporting Act (FCRA) that regulates background checks and the collection, dissemination, and use of consumer information in …Continue reading "Class Action Lawsuits for Violations of Fair Credit Reporting Act Becoming More Common for Consumer Reporting Agencies"
On January 1, 2013, new E-Verify laws will take effect in Georgia, North Carolina, Pennsylvania, and Tennessee requiring many private employers to register for and begin using the federal E-Verify electronic employment eligibility verification system. This trend of states making their own laws for E-verify, an internet-based program that compares information from Form I-9s to …Continue reading "New E-Verify State Laws for 2013 Will Add to Already Confusing Patchwork of Regulations for Employers"
A background check tool currently touted to employers as a “national criminal database” search from data aggregators who advertise access to a nationwide database full of millions of criminal records from all states can create an impression that employers are gaining access to all of the nation’s criminal records in one search. However, nothing could …Continue reading "Use of National Criminal Databases No Substitution for County Courthouse Searches during Real Background Checks"
The Federal Trade Commission (FTC) recently submitted written testimony to the U.S. Commission on Civil Rights summarizing the Fair Credit Reporting Act (FCRA) requirements that relate to the use of consumer reports in employment in protecting the rights of job applicants and employees under the FCRA, according to a news release available at http://www.ftc.gov/opa/2012/12/fcra.shtm. The …Continue reading "Government Increases Action Against Consumer Reporting Agencies Using Background Checks in Violation of FCRA"
In today’s technology driven business world, employment background checks are quickly becoming integrated with Applicant Tracking System (ATS), Human Resources Information System (HRIS), and other systems to create a virtual “One-Stop Shop” for screening and hiring. This emerging trend of background checks becoming integrated with ATS, HRIS, and other systems should increase in the coming …Continue reading "Background Checks Becoming Integrated with ATS and HRIS to Create One Stop Shop for Screening and Hiring"