Virus Strikes San Diego Court System

The San Diego County, California court system was hit by a virus on April 14th that required taking the county's computer system off-line for a couple weeks.

LexisNexis Settles FCRA Case for $20.7 Million

LexisNexis agreed to settle a class action lawsuit brought by employment applicants who claimed that the company failed to comply with its responsibilities under the Fair Credit Reporting Act. The $20.7 million settlement is believed to be one of the largest pay outs related to FCRA compliance.

PublicData.com: Employers Beware

As I speak at HR events, I'm surprised by how many employers are still using publicdata.com as their source for employment-related background checks.  I'm often asked to explain why using this cheap database service is a problem, so I decided to lay it all out here.

Texas' Unemployment Rate Bumps Up Slightly

Unemployment in Texas in March rose slightly from 4.1% to 4.2%. The US unemployment rate remained steady at 5.2%.

Why we verify database criminal records before reporting them to our clients

A client recently requested that I help him explain to his boss why we wouldn't sell "an instant background check." Other resources on our website and blog (here and here) explain the problems with the database-driven background checks, but the reasoning behind our verification policy is worth reviewing.

Unemployment in Texas continues to fall

Unemployment in Texas fell again in February, signaling increased competition for a shrinking workforce. At the same time, employers are facing increased scrutiny of their hiring practices by the federal government.

Mississippi Enacts Law Requiring Employers’ Use of E-Verify

We can add

Mississippi

to the list of states that now requires employers to use E-Verify, the federal government’s online system for checking the information provided on the Form I-9 to verify the employment eligibility of all newly hired employees.

I-9 Audits on The Rise; Employers Held Criminally Liable

The Department of Homeland Security’s Immigration Control and Enforcement (ICE) division has begun increased monitoring and enforcement of employer compliance with immigrant work eligibility rules. Employers face harsher civil and criminal penalties for hiring undocumented workers.

Identity Theft in Criminal Records

Take a close look at this guy. Do you know him? Well, that's okay, neither do the law enforcement agencies that arrested him, courts that convicted him, or jails that incarcerated him.

He was first arrested and convicted in 1996 in Berkeley County, South Carolina for domestic violence and DWI. That is where the mugshot at left was taken.

Invisible Criminal Records

Not long ago, I was listening to BaD Radio, a local sports talk radio program, interview someone who was just released from the federal prison in Seagoville, Texas. He had served time for arson and insurance fraud (he helped his boss burn down the bar he worked in). At one point, he said that he didn't expect to have a problem finding a job because most employers don't check federal criminal records. What's sad is that he's right.

I believe that if I had to choose a jurisdiction in which I would receive a criminal conviction, it would likely be a federal district court. These court’s records are virtually invisible to most employers who think they are doing a good background check.

LexisNexis Owner to buy Choicepoint

If information is the currency of the modern economy, the ability to sell the same information over and over is the ability to print money and it looks like Reed Elsevier intends to build a mint.

New Orleans' Forecast: A lot of hot air coming

Over the last three years, I've conducted five of my employment background investigations seminars. They've all been sell outs (the seminars - not me) and I always enjoy doing them.

I've scheduled my next seminar for April 12th and 13th in New Orleans, immediately preceding the annual conference of the National Association of Professional Background Screeners, on whose board I serve. National Background Data (providers of what I consider the most robust multi-jurisdictional database) and Tazworks (providers of the software platform we use) are sponsoring lunch both days.

Connecticut's attempt to protect consumers from cheap background checks

Effective January 1st, Connecticut has new requirements on those who provide employment-related background checks reflecting criminal records from Connecticut. This is another attempt by the government to prevent the consumer abuses of a few sloppy companies that have plagued the pre-employment screening industry.

FWST article almost gets it right about database-driven background checks

On Saturday, the Fort Worth Star Telegram published an article attempting to explain the weaknesses in the database-driven background checks used by many non-profit organizations.  The article does a fair job of explaining the problems with so-called national background checks, even though the article severely misquoted me.

Title VII and Employers Who Refuse To Hire Felons

The Decision of the Day Blog has an interesting note about a 3rd Federal Circuit decision affirming an employer's right to use an applicant's criminal history in making employment related decisions.

The district court granted summary judgment for SEPTA, and the Third Circuit cautiously affirms. The Court explains that employers face a high hurdle in justifying these hiring policies. The employer must have a good justification for excluding felons, and the policy should not be broader than necessary to accomplish these goals.