Judge Dismisses EEOC’s Employment Background Check Case As ‘Laughable’

EEOC Employment Background Checks

Make sure to read the words in this word cloud carefully. “Laughable”. “Unreliable”. “Mind Boggling”.

Those are the words Judge Roger Titus of the U.S. District Court in Maryland used when he dismissed the Equal Employment Opportunity Commission’s (EEOC) case against Freeman Companies for what the commission alleged as discriminatory hiring practices related to Freeman’s use of criminal background checks and credit reports.  I’ve included a copy of Freeman’s press release for their take on the case because the EEOC didn’t see fit to allow them to respond when they announced “this egregious” case.

Read More

EmployeeScreenIQ’s List of Top 10 Employment Background Screening Advocates

Top 10 Employment Background Screening Advocates

It’s no secret that the employment background screening industry has been under intense scrutiny over the past few years from revised EEOC guidance on employers’ use of criminal records, to fines for Fair Credit Reporting Act violations, to myriad states creation of “Ban the Box” laws.  And while we support actions that hold our industry and employers accountable for complying with these laws and maintaining the highest ethical standards, we also think that the employer’s we represent should be praised for the work they do to keep our nation’s workplaces safe.

We think that we do a decent job of advocating on behalf of our industry and the need for employee background checks and celebrating the incredible work done both by background screening companies and employers.  However, every industry needs a group of committed, unbiased advocates to champion its causes.  Therefore, I’m happy to present to you our list of the top employment background check advocates that promote responsible background screening practices and tirelessly defend employers’ use of employment background check. (more…)

Read More

$10 Million Employment Screening Lesson for Cab Company

Employment Background Screening Negligent Hiring

Here’s a real head-scratcher. Imagine that you are an employer (lol, if you’re reading this blog, you probably are), and you get the following criminal rap sheet on a prospective employee.

• Failure to obey a traffic signal, 2007
• Speeding, 2009
• Failure to pay attention, 2012
• Failure to obey a highway sign, 2012
• Tampering with a vehicle, 2011
• Speeding, 2007
• Failure to wear seat belt, 2007
• Failure to pay full time and attention, 2010
• Speeding, 2011
• Failure to obey a traffic signal, 2013
• Violation of good behavior on a misdemeanor offense
• Illegal sale of unapproved equipment
• Misdemeanor assault, 2011 (more…)

Read More

Colorado Restricts Use of Credit Reports in Employment Background Checks

Credit Reports in Employment Background Checks

Our friend Pam Devata at Seyfarth & Shaw blogged yesterday that Colorado became the ninth state to prohibit the use of employment credit reports in hiring. As Pam reports, Colorado’s law will prohibit employers from using “consumer credit information” for employment purposes.

Colorado joins eight other states–California, Connecticut, Hawaii, Illinois, Maryland, Oregon, Vermont and Washington—in restricting access to consumer credit in the hiring process. The rational for the state action is summarized in the bill’s introduction: (more…)

Read More

EEOC Case Against Kaplan Higher Education Tossed

employment credit reports Strike up the band, pop the champagne and raise the roof!!!!  You can’t see me right now, but I’m doing my happy dance.

For the past 2 years we’ve chronicled the EEOC’s case against Kaplan Higher Education in which they alleged that Kaplan’s use of employment credit reports constituted a discriminatory hiring practice.  Today, I’m happy to share that a motion for summary judgment has granted in Kaplan’s behalf and the case has been tossed. (more…)

Read More

This Blogger’s New Resolution- Don’t Blog Angry

I have a confession to make.  I’ve looked back on all of my blog posts from this past year and I’ve noticed a disturbing trend: I’m angry.  Angry at the the EEOC for introducing new criminal background check guidelines which I believe are unclear and unfair to employers.  Angry at fellow background screening companies when they don’t do everything in their power to ensure accurate employee background checks and for giving those that are against what we do fodder to oppose us.  And angry at organizations that fail to perform proper due diligence on prospective employees, especially those working with children.  I suppose someone could have staged an intervention when I started using the photo above on some of my posts or added “Rants” as a blog category (which is what I’m categorizing this blog as).

Why am I so angry?   (more…)

Read More