Private, Off Duty, and Not Unlawful Conduct Posted without Consent on Internet not Grounds to Terminate Teacher
By Lester Rosen, ESR President The boundaries of using the internet for employment decisions was tested in a Michigan case involving the termination of a teacher that was photographed without her consent at an adult party engaged in a simulated sexual act, where students were not present and the conduct was not unlawful. Although the case is [...]
Categories: Best Practices, Recent Posts, Social networking sites, State laws Tags:
Adverse Action Letters under the Fair Credit Reporting Act (FCRA) and Employment Screening Background Checks
By Lester Rosen, ESR President From the ESR mail box: Here is a frequently asked question dealing with the federal Fair Credit Reporting Act (FCRA) and the pre-adverse and post-adverse action notices. Suppose an employer has two finalists for one position. The employer submits both names for background checks and both candidates have clear background reports. The [...]
Categories: adverse action, Best Practices, Fair Credit Reporting Act (FCRA), Recent Posts Tags:
New Case from New York Gives Potential Guidance on Issue of Which State Law Applies for Reporting Criminal Records
By Lester Rosen, President of ESR An ongoing issue for employers and background screening firms is the question of what law applies when a criminal record is found in one state impacts an employment decision in another state. Since state reporting laws can vary widely, employers and screening firms are sometimes left without clear guidance if [...]
Categories: Best Practices, Lester Rosen, Recent Posts, State laws, The Safe Hiring Manual Tags:
Employment Screening Expert Lester Rosen to Present Session on Background Checks at SHRM Annual Conference
By ESR News Staff Employment Screening Expert Lester Rosen, President of Employment Screening Resources (ESR), a leading employment screening firm headquartered in the San Francisco area, will present a session on background checks at the SHRM Annual Conference and Exhibition on June 30, 2010, in San Diego, California. The annual event – the world’s largest human resources conference [...]
Categories: Background Checks, Best Practices, ESR, ESR Speaks, legal compliance, Lester Rosen, Negligent hiring, Recent Posts, SHRM Tags:
New Case Demonstrates How the Details are Everything if Taking Adverse Action on a Current Employee Due to a Background Check
By Les Rosen, President of ESR A new federal district court case demonstrates the importance of handling the adverse action process correctly when terminating an existing employee due to an unsatisfactory background check. In the case decided on February 26, 2010 by the U.S. District Court for the Southern District of Ohio (2010 U.S. Dist. LEXIS 17373), [...]
Categories: adverse action, Best Practices, Fair Credit Reporting Act (FCRA), Recent Posts Tags:
CAUSE Shows Background Checks Needed To Uncover Unsafe Service Employees Working In Homes
By Thomas Ahearn, ESR Staff Writer When a hired worker enters your home to perform a service that you requested, do you know to whom you are opening your door? So asks an article on HuffingtonPost.com – “Could You or a Loved One End Up Like Elizabeth Smart?” – that shows why background checks are needed to [...]
Categories: Best Practices, Negligent hiring, Recent Posts, sex offender, Workplace Violence Tags:
Background Check Expert Lester Rosen Presents Webinar on How Social Media Use During Employment Screening Can Trigger Privacy Lawsuits
By Les Rosen, Employment Screening Resources Lester Rosen, President of Employment Screening Resources (ESR), a leading international employment screening background check firm headquartered in the San Francisco area, will present a national webinar for a leading business information site on employment screening on Thursday, April 22, 2010 at 2:00 PM EST / 11:00 AM PST. The webinar [...]
Categories: Best Practices, ESR Speaks, Facebook, Lester Rosen, MySpace, Privacy, Recent Posts, Social networking sites, Twitter Tags:
Discrimination Lawsuit Shows Importance of Employer Policy on the Use of Criminal Records During Background Checks
By Thomas Ahearn, ESR Staff Writer A recently filed class action lawsuit – which alleges that one of the largest management consulting firms in the world conducted background checks that discriminated against African-Americans and Latinos – underscores the importance of employers understanding the U.S. Equal Employment Opportunity Commission (EEOC) policy regarding the use of criminal records [...]
Categories: Best Practices, Criminal Records, Discrimination, EEOC, Recent Posts, Trends Tags:
Employment Screening Resources Announces Free Employer Background Check Tools
By Jared Callahan, Employment Screening Resources Employment Screening Resources (ESR), a leading national employment screening firm based in the San Francisco area, announced today that free tools available at the ESR Resources Center to help employers hire safe, honest, and qualified applicants. The ESR Resources Center provides employers with “All Things Background Checks.” Employers can find among other tools: A [...]
Categories: Best Practices, ESR, ESR Resources Center, Recent Posts Tags:
California Case Protects Constitutional Right of Background Screening Firm to Report Sex Offender Registration
By Les Rosen, Employment Screening Resources A California Court of Appeals decision filed March 23, 2010 held that a background screening firm has a constitutional right to report that an applicant has appeared on the Megan’s Law website (MLW) as a registered sex offender. The Court further held that under the California law, the prohibition on [...]
Categories: Best Practices, Recent Posts, sex offender, State laws Tags: