With the increasing number of employers conducting background checks, public concerns have arisen pertaining to the method, use and fairness of such checks in potentially barring applicants from employment.
First Contact HR has compiled a list of the most significant trends that are shaping the background screening industry.
Over the past five years, the hit rate for criminal background checks has been on the decline as more nonprofit organizations background check their new hires. A recent study’s, data showed that from 2007 to 2011, more than 5.4 million background checks we conducted by nonprofits and 22 percent of those checks resulted in criminal hits.
Of that 22 percent (approximately 479,000), background checks revealed very serious kidnapping, murder, sex-related and drug-related offenses. While it is shocking to know that criminals who have been convicted of kidnapping or molestation could be working amongst children, elders and people in need, we know that criminals go where they know they can get in “under the radar” – organizations [they know] do not conduct background checks.
In organizations working with children, such as the Boys & Girls Clubs of America, background checks are a must; the study found that 1,021 of the criminal hits were registered sex offenders, 603 convictions for kidnapping and 1,176 murder offenses.
What’s more is that between 2007 and 2011, 22 percent of those criminal hits also included 91,607 drug-related offenses including possession and distribution and 10,438 sex-related offenses. These figures are certainly eye-opening, but the good news is that these were hits, and thus these individuals were barred from employment at the nonprofits where they applied to work. Additionally, the number of criminals has declined over the past five years by 7 percent, according to the study.
The drop in criminal hits is attributed by the nonprofits’ use of background screening programs. When criminals know that nonprofits are conducting background checks, they seek employment somewhere else, so it is important for nonprofits to speak with background screening providers in order to mitigate risk, protect their reputations and those they seek to help.
Imagine you discovered the owner of your child’s daycare center was a convicted felony on such crime as battery, assault, domestic violence, grand theft and even manslaughter. Would this information prompt you to pause or re-consider the daycare center you select?
While you might assume that the state in which you live does a thorough background check on daycare owners and employees, you’ll be surprised to know that only 11 states in the U.S. conduct full background checks on potential daycare workers.
In an investigative report conducted by Dateline’s Chris Hansen, many daycares’ true colors were exposed when the investigative team questioned daycare owner’s criminal histories. In one case, it was revealed that Brighter Beginnings Pre School in Clearwater, Florida owner, Melissa Van Cleave has convictions for battery, domestic violence and a DUI, yet is still able to run her daycare.
Under The U.S. Equal Employment Opportunity Commission (EEOC) guidelines, arrest records should only be used as a bar from employment if pertinent to the position. Child care-related crimes such as sex abuse, battery and manslaughter, for example, could be a bar from employment in the child care industry. Even if your state conducts a background check on a daycare center, it’s important as a parent to ask the right question such as the type of background check conducted, do research, and occasionally visit the daycare unannounced.
Here are some surprising statistics about background checks and child care providers:
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Sources:
http://childcare.about.com/od/childsafe2/a/backgroundcheck.htm
First Contact HR staff answers common questions we get on background checks, drug testing and other HR industry practices. Got a question? Ask us at info at FirstContactHR dot com
Question #8: Should I fire an individual for having a positive drug test result?
Every company has different policies. Some find termination as the only answer for a positive drug screen, as drug use is an immediate breach of company policy. On the other hand, many companies now offer Employee Assistance Programs (EAP), which include drug and alcohol counseling and treatment.
For more questions and answers, visit www.FirstContactHR.com and just Ask!
First Contact HR staff answers common questions we get on background checks, drug testing and other HR industry practices. Got a question? Ask us at info@FirstContactHR.com
Question #7: What is a Chain of Custody and why is it Important?
This is the detailed documentation of the drug screening process, which accounts for the integrity of each step of the procedure, by tracking the handling and storage of the specimen from collection to disposal.
This multi-part medical document, with assigned barcode numbers, facilitates the process and documents by whom, when and for what purpose the specimen was handled. Clinical labs will not proceed with a drug screen if they recognize the chain of custody has been broken. With a fully executed Chain of Custody, the drug screen result is completely and legally defensible.
For more questions and answers, visit www.FirstContactHR.com and just Ask!
In response to a bill that would require welfare recipients in Nashville, TN to take a drug test, some lawmakers want to add politicians to the mix and submit them as well. What seems like a fair way to balance the scale could turn out to be an expensive response since drug tests (resulting in negative outcomes) are paid for by tax payers.
Those individuals with positive results (guilty of using drugs) will be held responsible for the cost of the drug test. Welfare recipients who test positive will lose their benefits.
Video by WVLT-TV:
First Contact HR staff answers common questions we get on background checks, drug testing and other HR industry practices. Got a question? Ask us at info@FirstContactHR.com
Question #6: How long do drugs stay in an individual’s system?
Drugs do not typically remain in the body for very long. Often no more than 24 – 72 hours, depending on the frequency of use and the individual’s body functions. Marijuana is the exception, staying sometimes from several days to several weeks, again depending on the circumstances. However, through hair analysis, drugs are detectable up to 90 days after drug use.
For more questions and answers, visit www.FirstContactHR.com and just Ask!
First Contact HR staff answers common questions we get on background checks, drug testing and other HR industry practices. Got a question? Ask us at info@FirstContactHR.com
Question #5: Should I fire an individual for having a positive drug test result?
Every company has different policies. Some find termination as the only answer for a positive drug screen, as drug use is an immediate breach of company policy. On the other hand, many companies now offer Employee Assistance Programs (EAP), which include drug and alcohol counseling and treatment.
For more questions and answers, visit www.FirstContactHR.com and just Ask!
Pennsylvania takes retroactive steps to prevent convicted felons from working in school districts.
A new law signed by Pennsylvania Governor, Tom Corbett, mandates background checks on public, private and vocational school workers. School district administrators must notify all employees of the law and return a form reporting any criminal history to the Pennsylvania State Education Association completed by employees. Certain convictions will lead to employment suspensions or even termination including first-, second-, or third-degree felonies, aggravated assault, kidnapping, and other crimes. Read more
How background checks are conducted in Clark County, Nevada Schools.
The Las Vegas Sun investigates how background checks are done, after a teacher in a Clark County school was arrested on suspicion of drug possession and theft of school property. In an investigative interview, the chief human resources officer and former interim chief human resources officer of the Clark County School District answered questions on their background check procedures. Read more
Update: Background Checks Dealing with School Workers Clarified.
A new law, §1-111 Act 24 of 2011, mandates that all Pennsylvania elementary schools must background screen all new hires and existing staff for criminal history. The form that current staff must fill out asks employees to check “arrested,” “convicted,” “never been arrested,” or “never been convicted,” however the law states that only convictions of employees need to be reported. In a response to concerns surrounding this contradiction, a statement was released to clarify the law.
A publication from Fox Rothschild LLP states that “these amendments restrict those people that a school is allowed to hire, but they have almost no direct impact on the employment of those already employed. Some school administrators have mistakenly stated that these amendments require schools to fire a current employee where a prior conviction for a barred offense comes to light. While this may be true in some limited cases, it is generally not so, and neither this statute nor the companion provision in §5-527 requires termination of employment.” Read more
Convicted felon employed at middle school steals jewelry, computers
After a middle school janitor was charged in connection to jewelry and computer thefts, the School Committee Chairman of a Massachusetts school wants to know more about the school’s criminal background screening procedures. Court documents showed that the janitor pled guilty to assault and battery and breaking and entering charges in the past. Also, he was allegedly in an outpatient drug treatment program for an opiates addiction. Initial reports in the same case were for stolen MacBook Computers, iPads and other equipment. How did a criminal get employed at an elementary school? Read more
According to a recent survey conducted by the National Retail Federation (NRF), approximately 97 percent of all retailers in the U.S. utilize background screening procedures in the hiring process.
Retailers know the importance of keeping their employees and customers safe, which is why they use different types of background screening components, including checking criminal, credit, motor vehicle/driving records, as well as drug history, social security number traces, and education and identity verifications.
The findings released by the NRF were based upon a survey of 96 individual retail and restaurant companies. “Nearly all retailers polled (96.6%) utilize background screening as part of their applicant hiring process.”
For information on the background screening services First Contact HR can provide in the retail space, click here.