Court Rules Staffing Firm that Outsources Background Checks Cannot be Sued Under FCRA

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By Lester Rosen, Attorney and President of Employment Screening Resources (ESR) A staffing firm that places individuals in temporary positions with independent employers cannot be sued under the federal Fair Credit Reporting Act (FCRA) when a background check firm hired by the staffing firm delivers a background check report that is inaccurate or erroneous.  In…

Court Finds No Liability Though Background Check Report Inaccurate since Employer Already Decided Not to Hire Applicant

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In a case that touched upon number of issues affecting background checks, a federal district court held that even though a background check report was erroneous and inaccurate, it had no bearing on the employment decision since a hospital had already decided to not hire a candidate based upon their prior knowledge of misconduct and…

Three Credit Report Resellers Settle FTC Charges for Not Protecting Personal Information of Consumers

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By Lester Rosen, Employment Screening Resources (ESR) President & Thomas Ahearn, ESR News Editor In the Federal Trade Commission’s (FTC) first cases against credit report resellers for the data security failures of their clients, three companies that resell credit reports of consumers have agreed to settle FTC charges that they did not take reasonable steps to…

Government Accountability Office Report Finds Sex Offenders Employed at K-12 Schools

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By Lester Rosen, Employment Screening Resources (ESR) President & Thomas Ahearn, ESR News Editor The United States Government Accountability Office (GAO) recently released a report to the Chairman, Committee on Education and Labor, House of Representatives that revealed high rates of employees in all sorts of positions at both public and private schools – including…

Current Unrest in Egypt May Cause Delays with International Background Screening

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By Thomas Ahearn, Employment Screening Resources (ESR) News Editor The current unrest in Egypt, with hundreds of thousands of protesters crowding the streets of Cairo and calling for the ouster of Egyptian President Hosni Mubarak, will most likely cause delays with international background screening conducted by U.S. companies on job applicants who were born, or who have spent…

Use of Credit Reports and Criminal Records for Employment Screening comes under Scrutiny

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By Thomas Ahearn, Employment Screening Resources (ESR) News Editor An article in the February 2011 issue of the Society for Human Resource Management’s (SHRM) HR Magazine – ‘Close Up On Screening’ – describes how employers are scrambling to adjust to changes in the myriad of state and federal laws that govern pre-employment background screening due…