EmployeeScreenIQ Wrap Up: June 28, 2013

With an abundance of blog articles since our last Weekly Wrap Up, it’s not easy to choose which stories to feature this week. Since the last time, EmployeeScreenIQ attended the 2013 Annual SHRM Conference in Chicago, June 16-18. Check out our recap, Background Checks, Apple TV’s and a Good Time: 2013 Annual SHRM Conference Recap–I promise you’ll feel like you were right there with us! This week we released the June issue of By The Way, our compliance newsletter. Find out what was featured in this month’s issue, June BTW: EEOC Targets Dollar General and BMW for Criminal Background Checks. Lastly, Nick penned a post regarding the ongoing debate of EEOC regulations vs. employer’s ability to conduct background checks, Are Employers Racist for Conducting Employment Background Checks? Find more stories on our blog page here.

 

SHRM Annual ConferenceBackground Checks, Apple TV’s and a Good Time: 2013 Annual SHRM Conference Recap

After a few days of recuperating and catching up, it’s time to reflect on the 2013 Annual SHRM Conference. Chicago’s streets, particularly the areas surrounding the McCormick Place, were flooded with HR folks and exhibitors alike. If you were unable to attend, here’s a glance at some of the bustling activity of the show (mainly from our perspective, of course.) Read More

 

 

June BTW: EEOC Targets Dollar General

and BMW for Criminal Background Checksbtw_logogreen

Our June By The Way issue features the recent EEOC case against Dollar General and BMW. As you’ve probably heard, the EEOC filed two lawsuits in federal courts in Illinois and South Carolina, accusing BMW and Dollar General of discriminatory use of criminal background checks. Other articles include, Stuck In the Middle: Title VII Conflicts with State Law in Ohio Federal Case and Jumping Aboard the “Ban” Wagon: Seattle, Buffalo and Minnesota Agree to Ban-the-Box. Read More

 

Are Employers Racist for Conducting

Employment Background Checks?Hiring Discrimination

More than 90% of all employers conduct pre-employment background checks (according to the Census bureau there are nearly 14,000,000 businesses in the United States with employees). More than 2,000 background screening companies provide these checks to employers. Does that mean that we are all racists who discriminate against minorities if we conduct background checks? Read More

 

 

 

 

 

7 Do's & Don’ts of Background Screening with Social Media

Social media and networking sites can tell you a lot about job candidates.
But using them may expose your organization to a host of legal risks and
less-than-trustworthy information. For those who decide the rewards
outweigh the risks, we offer seven social media “Do’s and Don’ts.”

2013 Survey Report of Employment Screening Practices and Trends

This report shares the findings of EmployeeScreenIQ’s fourth annual survey of U.S.-based
employers regarding their use of employment background checks. A total of 992 individuals
representing a wide range of U.S.-based employers completed the survey in late December of
2012 and early January of 2013.

June BTW: EEOC Targets Dollar General and BMW for Criminal Background Checks

Employment Background Checks

 

 

 

 

 

 

 

For those of you interested in keeping up with the latest in compliance for pre-employment background screening and the laws that affect your use of employee background checks, follow our publication, “BTW: Your Guide to Staying Out of Hot Water.” This compliance resource has been created by our VP of Compliance and General Counsel, Angela Preston and is a must-read for human resources and security professionals.

Our June By The Way issue features the recent EEOC case against Dollar General and BMW. As you’ve probably heard, the EEOC filed two lawsuits in federal courts in Illinois and South Carolina, accusing BMW and Dollar General of discriminatory use of criminal background checks. For more details, read Angela’s article, EEOC Targets Dollar General and BMW for Criminal Background Checks.

EEOC vs. Dollar General & BMW

 

 

 

 

 

 

 

In the article, Stuck In the Middle: Title VII Conflicts with State Law in Ohio Federal Case, Angela discusses a conflict in an Ohio case where an employer followed the state law, but in doing so, violated Title VII of the Civil Rights Act. Last but not least, this issue includes an update on two cities and a state that have recently adopted ban-the-box legislation in Jumping Aboard the “Ban” Wagon: Seattle, Buffalo and Minnesota Agree to Ban-the-Box.

Watch Angela’s summary of this month’s issue:

Are Employers Racist for Conducting Employment Background Checks?

EEOC Employment Background Checks Criminal Records

In a recent letter to the Wall Street Journal, EEOC Commissioner Jacqueline Berrien took exception to their characterization (“Banning Background Checks“) that the commission believed that criminal background checks were racist.

WSJ: Are criminal background checks racist? That’s the startling new legal theory that the Equal Employment Opportunity Commission unveiled this week in lawsuits against employers.

Commissioner Berrien: “Your editorial ‘Banning Background Checks‘ (June 15) suggests that the U.S. Equal Employment Opportunity Commission (EEOC) believes that criminal background checks are ‘racist.’ This claim is wrong.”

More than 90% of all employers conduct pre-employment background checks (according to the Census bureau there are nearly 14,000,000 businesses in the United States with employees).  More than 2,000 background screening companies provide these checks to employers.  Does that mean that we are all racists who discriminate against minorities if we conduct background checks? Continue reading Are Employers Racist for Conducting Employment Background Checks?

In Your Face! SHRM Conference Giveaway Creates Unforgettable Memory

SHRM Annual Conference Employment Background Checks

I’m sure many of you have read our various posts about EmployeeScreenIQ’s efforts at last week’s SHRM Annual Conference held in Chicago.  But my favorite moment by far is this video (below).

Here’s the background: when people came to the booth to discuss employment background checks, we gave them big “I Love EmployeeScreenIQ” stickers to wear at the conference.  We then went through the exhibit hall and awarded an AppleTV to the first person we saw wearing the sticker.  Check out our winner who taunted his friend for removing his sticker moments before we arrived.

This is classic and truly a memory I won’t forget.

 

When State Law Leads You to Violate EEOC Guidance: Now We've Got a Party

If you hadn’t noticed, the EEOC’s Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, affectionately referred to here as “the guidance,” has been taking up a disproportionate amount of blog space over the past year. And for good reason. The guidance is a seemingly endless source of debate, confusion, and unfortunately for many employers, litigation.

One recurring question from clients is this: what do you do when a state law requires a criminal background check? Do you follow the state law, or the guidance?

The EEOC Has Failed Martin Luther King Jr.

EEOC and background checks

I have taken a long hiatus from posting to our blog.  There are several reasons, time is one of them but mostly because of the wonderful bloggers we now have; Nick, Angela, Lauren and Kevin have done a great job!  Don’t ask Nick, he’ll tell you its because he is tired of correcting my horrible writing skills. (Shameless plug to the best editor and ghost writer we have!) I am coming out of retirement, probably temporarily, because I just read the best article I have yet to see on the new EEOC Guidance in Forbes Magazine.  I’ll save the commentary because it stands on its own, I will however highlight my favorite quotes below!  If you have not been following our excellent reporting on this issue, now is your chance, this is the one article you should read!

Continue reading The EEOC Has Failed Martin Luther King Jr.

Stuck In the Middle: Title VII Conflicts with State Law in Ohio Federal Case

EEOC Guidance on Background Checks

If you hadn’t noticed, the EEOC’s Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, affectionately referred to here as “the guidance,” has been taking up a disproportionate amount of blog space over the past year. And for good reason. The guidance is a seemingly endless source of debate, confusion, and unfortunately for many employers, litigation.

One recurring question from clients is this: what do you do when a state law requires a criminal background check? Do you follow the state law, or the guidance? Continue reading Stuck In the Middle: Title VII Conflicts with State Law in Ohio Federal Case

6/20/2013 Ban the Box Update: Add Seattle, Buffalo and Minnesota to the List

Keeping up with ban-the box legislation is practically a full time job. My Google alerts on this topic have been blowing up.  Most recently, Seattle City Council has voted to officially ban the box, joining the State of Minnesota and the City of Buffalo in passing laws eliminating the check box asking about criminal history on a job application. While none of these laws prohibit criminal background checks outright, they do place limits on when and how background checks can be performed. Similarities to the EEOC guidance on criminal background checks abound–restrictions that mirror the guidance are sprinkled throughout the new laws and ordinances.

Here is an update on what you need to know: