Tag Archives: white paper

EEOC Responds to Attorneys General Letter Urging Reconsideration of Criminal Background Check Guidance

The Chair of the U.S. Equal Employment Opportunity Commission (EEOC) has responded to a letter sent in July 2013 from the Attorneys General of nine states – Alabama, Colorado, Georgia, Kansas, Montana, Nebraska, South Carolina, Utah, and West Virginia – that urged the EEOC to reconsider positions expressed in its ‘Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964’ approved in April 2012. The complete EEOC letter is available at http://www.esrcheck.com/file/EEOC-Response-to-AG-Letter.pdf. Continue reading

New Jersey Limits Ability of Employers to Access Social Media Accounts of Employees and Job Applicants

New Jersey Governor Chris Christie has signed into law Assembly Bill A2878/S1915 that limits the ability of employers to require employees and job applicants to disclose user names, passwords, or other means for accessing social media accounts such as Facebook, LinkedIn, and Twitter or other services through electronic communications devices. The full text of New Jersey Assembly Bill A2878/S1915 – which takes effect December 1, 2013 – is available at http://www.njleg.state.nj.us/2012/Bills/A3000/2878_R4.PDF. Continue reading

Whitepaper Reveals Eight Warning Signs that Employers Should Reconsider their Background Screening Providers

Since background checks are a crucial part of the hiring process in today’s business world, leading payroll and HR solutions provider Paycor® has teamed up with Attorney Lester Rosen, Founder and CEO of Employment Screening Resources® (ESR), for the whitepaper ‘8 Warning Signs You Should Reconsider Your Background Screening Provider.’ The link to download the complimentary whitepaper is available on the Paycor website at http://www.paycor.com/download-background-screening-whitepaper. Continue reading

Social Media Password Privacy Laws Passed in Several US States in Recent Months

Legislation has been introduced or is pending in at least 36 states so far in 2013 to prevent employers from requesting usernames and passwords to social media websites and personal Internet accounts of employees and job applicants, according the National Conference of State Legislatures (NCSL). Eight states – Arkansas, Colorado, Nevada, New Mexico, Oregon, Utah, Vermont, and Washington – have enacted such legislation in 2013. A current list of all social media password privacy legislation is available at http://www.ncsl.org/issues-research/telecom/employer-access-to-social-media-passwords-2013.aspx. Continue reading

EEOC Sends Message to Employers that Criminal Records of Job Applicants Must Be Used Carefully

In the Wall Street Journal article ‘Employment Checks Fuel Race Complaints,’ Attorney Lester Rosen, Founder and CEO of background check company Employment Screening Resources® (ESR), says the U.S. Equal Employment Opportunity Commission (EEOC) has been delivering the same message to employers since the 1980s: “Criminal records need to be used carefully, not with brute force, more as a surgical instrument.” The article, which catalogues the increased scrutiny of background checks by the EEOC, is available at http://online.wsj.com/article/SB10001424127887323495604578539283518855020.html. Continue reading

Equal Employment Opportunity Commission Files Lawsuits against Two Employers for Use of Criminal Background Checks

The U.S. Equal Employment Opportunity Commission (EEOC) has filed lawsuits against two employers alleging they violated Title VII of the Civil Rights Act by implementing and utilizing a criminal background check policy that resulted in employees being fired or screened out for employment. A press release about the lawsuits – the first enforcement action against employers under the revised EEOC Guidance for using criminal records – is available at http://www.eeoc.gov/eeoc/newsroom/release/6-11-13.cfm. Continue reading

Mobile Apps Marketers Offering Criminal Background Checks To Settle FTC Charges for Violating Fair Credit Reporting Act

In resolving the first Fair Credit Reporting Act (FCRA) case involving mobile “apps,” marketers of mobile applications that compiled and sold criminal record background check reports as job applicant screening tools have agreed to settle Federal Trade Commission (FTC) charges that they operated as consumer reporting agencies (CRAs) without taking consumer protection measures required by the FCRA.  The FTC’s settlement order, which prohibits the companies involved from future FCRA violations, is available at http://www.ftc.gov/os/caselist/1123195/130110filquarianagree.pdf. Continue reading

Mobile App Developers Must Comply with California Online Privacy Protection Act by November 29

Effective November 29, 2012, all mobile application developers with “apps” available in California must be in compliance with the California Online Privacy Protection Act, according to a press release issued by  Attorney General Kamala D. Harris on October 30, 2012. The Attorney General formally notified up to 100 mobile app developers with ‘Notice of Non-Compliance with California Online Privacy Protection Act’ letters that they had 30 days to “conspicuously post a privacy policy within their app that informs users of what personally identifiable information about them is being collected and what will be done with that private information.” The press release is available at http://oag.ca.gov/news/press-releases/attorney-general-kamala-d-harris-notifies-mobile-app-developers-non-compliance. Continue reading

Election 2012 Finds Nearly 6 Million Americans with Felony Convictions Unable To Vote

Most American adults are urged to vote on Election Day. However, many U.S. citizens are unable to vote. Approximately 5.8 million Americans have lost their right to vote in the 2012 Election due to a felony conviction and four states – Florida, Iowa, Kentucky, and Virginia – permanently disenfranchise ex-felons, according to the civil rights organization Advancement Project. The full story is available at: http://www.advancementproject.org/news/entry/states-deny-millions-of-ex-felons-voting-rights. Continue reading

Ban the Box Policies Removing Questions about Criminal Records from Job Applications Spreading in US

Two new reports from the National Employment Law Project (NELP) reveal that 42 cities and counties and seven states in the U.S. have adopted “Ban the Box” policies that remove questions about criminal history from job application forms and delay them until later in the hiring process to ensure that qualified job applicants with arrest or conviction records are not unfairly shut out from employment opportunities. A press release from NELP – a non-partisan, not-for-profit organization that focuses on issues affecting low-wage and unemployed workers – is available at: http://www.nelp.org/page/-/Press%20Releases/2012/PR-Ban-the-Box-Momentum.pdf?nocdn=1. Continue reading