The question of whether criminal background checks for job applicants are a smart move or a discriminatory practice is answered by Attorney and safe hiring expert Lester Rosen, founder and CEO of background check firm Employment Screening Resources (ESR), in an exclusive interview with Tom Field, Editorial Director of Information Security Media Group. The interview ‘Top 10 Screening Trends – What You Need to Know Before Conducting Background Checks’ detailing ESR’s Top 10 trends in background checks for 2012 is at: http://www.bankinfosecurity.com/interviews.php?interviewID=1347.
For the past five years, ESR – ‘The Background Check AuthoritySM’ and nationwide background screening company accredited by the National Association of Professional Background Screeners (NAPBS®) – has compiled a list of emerging and influential trends in employment background checks selected by Rosen. When asked about the 2012 list, Rosen said he expects the Equal Employment Opportunity Commission (EEOC) – the agency of the U.S. Government that enforces federal laws prohibiting employment discrimination –to give extra scrutiny to the use of criminal background checks.
“Many observers expect the EEOC this year will announce a test, or at least a more refined test, for the use of criminal records … or perhaps even some refinement of the rules surrounding credit reports, which has been another hot topic,” says Rosen, author of ‘The Safe Hiring,’ the first comprehensive guide to employment screening, and a frequent speaker of due diligence issues as part of ‘ESR Speaks’ program.
Among the other key trends to watch in 2012, Rosen mentions the use of social media and automation in background screening, as well as the proliferation of fake degrees and false credentials by desperate job seekers in tight economy. Rosen says that another top trend is an increase in lawsuits from employment background checks.
“There’s increased litigation in the area of negligent hiring – accusing an employer of not exercising reasonable care,” Rosen says. “The flip side of the coin is that employers also face lawsuits, including a marked increase in class action lawsuits, for not doing background checks properly.”
The fifth annual ESR Top Ten Trends in Background Checks for 2012 include the following:
- Number 1 – Criminal Background Checks of Job Applicants by Employers Coming Under Greater Scrutiny by EEOC.
- Number 2 – Credit Report Background Checks of Job Applicants by Employers Increasingly Regulated by State Laws.
- Number 3 – Social Media Background Screening Checks of Job Applicants Becoming More Prevalent and More Controversial.
- Number 4 – Automation in Employment Background Screening Leads to Both Increased Efficiency and Increased Risks.
- Number 5 – Background Screening Accreditation Program Proof of Increased Emphasis on Professionalism in Industry.
- Number 6 – Diploma Mills Offering Fake Degrees and False Credentials Likely to Increase in Tight Job Market.
- Number 7 – Employment Screening Lawsuits Increase as Attorneys and Consumers Become Familiar with FCRA Laws Regulating Background Checks.
- Number 8 – New E-Verify Laws Create Complex Web of Federal and State Rules for Employers.
- Number 9 – Offshoring Personally Identifiable Information Outside of US Increases Concern Over Privacy and Identity Theft.
- Number 10 – Self Background Checks Proactively Conducted by Job Seekers to Help Verify Accuracy of their Public Information.
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