The updated Guidance on the use of criminal records in hiring decisions issued by the U.S. Equal Employment Opportunity Commission (EEOC) on April 25, 2012 carries the potential to impact the hiring processes of every employer and Human Resources professional in the United States in 2014 and beyond. Although not a law or legally enforceable …Continue reading "Updated EEOC Guidance on Use of Criminal Records by Employers Becoming Core Concern for Human Resources"
The State of Texas has filed suit against the U.S. Equal Employment Opportunity Commission (EEOC) over Guidance for use of criminal records of job applicants by employers for criminal background checks that may exclude convicted felons from employment. The complaint STATE OF TEXAS vs. EEOC is available at http://www.esrcheck.com/file/State-Of-Texas-vs-EEOC.pdf.Continue reading "Texas Sues EEOC over Guidance for Criminal Background Checks"
A report from Community Legal Services (CLS) of Philadelphia, PA titled ‘EEOC’s Criminal Record Guidance One Year Later: Lessons from the Community’ examines employer compliance with the 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’ …Continue reading "Report Examines Employer Compliance with New EEOC Guidance on Criminal Records Released in 2012"
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 …Continue reading "EEOC Responds to Attorneys General Letter Urging Reconsideration of Criminal Background Check Guidance"
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 …Continue reading "New Jersey Limits Ability of Employers to Access Social Media Accounts of Employees and Job Applicants"
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 …Continue reading "Whitepaper Reveals Eight Warning Signs that Employers Should Reconsider their Background Screening Providers"
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, …Continue reading "Social Media Password Privacy Laws Passed in Several US States in Recent Months"
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, …Continue reading "EEOC Sends Message to Employers that Criminal Records of Job Applicants Must Be Used Carefully"
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 …Continue reading "Equal Employment Opportunity Commission Files Lawsuits against Two Employers for Use of Criminal Background Checks"
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 …Continue reading "Mobile Apps Marketers Offering Criminal Background Checks To Settle FTC Charges for Violating Fair Credit Reporting Act"