Employers today know all too well the importance of conducting a background check on new hires. Their reasons however may vary as to why they perform background checks. In our recent infographic on “Why You Need to Background Check,” we graphically illustrated some of the reasons for background screening.
A recent ordinance has been passed that will change the way most employers in Newark, New Jersey are allowed to use and conduct criminal background searches on applicants. Effective November 18th 2012, the ordinance will have a significant impact on the process of hiring new employees for all employers of five or more people that do business in, employ in, or take applications from, the city of Newark.
Your new potential hire has just left your office following a final interview. You feel great about their attitude and they appear to have the pedigree of a top candidate. They have all the signs for success: a resume full of great experience, stories about converting tough clients, and the charisma/charm and character you’ve only ever read about in hiring books.
The National Association of Professional Background Screeners (NAPBS) released 5 tips for conducting effective employee background checks in 2013.
The Association’s guidance is targeted to all employers that utilize employment background checks to vet employees for job opportunities. Company roles in human resources, legal compliance, risk management, finance and general management should review the full press release.
They’re being called the “perversion files” – a record of previously confidential files listing the names of 1,200 Boy Scout of America officials and scoutmasters who are accused of abusing young boys over a period of two decades.
The files released Thursday, October 19 contain more than 15,000 pages detailing accusations of the sexual abuse against scout leaders and officials between 1965 and 1985. The list of names in the documents were deemed “ineligible volunteers” and include those who are accused of sexual abuse towards the minors they came into contact with during boy scout meetings and functions.
Police are now responding to 523 of the alleged cases. The files were kept confidential – until now – and represent all that the Boy Scouts of America could have done to protect their young members, but didn’t. Continue reading
In recent years identity protection has become an increasingly big deal. Specifically, the handling of Social Security Numbers (SSNs) by companies has been reworked in a number of states in order to better safeguard their employees against identity theft. The sudden concern arose primarily due to companies putting employee’s financial information at risk for years by asking for SSNs in places they really do not need to be. Identification cards, employment applications, pay stubs, mail, or even the electronic transmission of SSNs via the internet all unnecessarily heighten the risk for identity theft. With today’s criminals consistently finding new ways to exploit inadequate security systems, it’s important that companies and employers strive to cut down on excessive exposure of sensitive information.
In most states across the U.S. it is illegal to do the following:
The California Office of Privacy Protection has put together a set of recommendations, click here, for any entities who wish to tighten up their SSN practices.
The use of credit reports in background checks have been around for decades starting with banks and financial service institutions as a means to vet candidates who would be handling cash and have access to sensitive information, such as social security numbers, account numbers and balances, as well as other bank assets. The rationale was simple: if a candidate was experiencing difficulty managing their personal finances, then how effective could they be on the job in making leading or other financial decisions that might affect the company’s bottom line. Further, if the candidate was experiencing severe personal financial stress such as payment delinquencies, liens and collection activities, would it be prudent for the financial institution to hire and place such candidates in positions with access to cash and assets that might prompt dishonest behavior like theft or embezzlement? Continue reading
Prior to the NCAA and Big Ten Conference sanctions, board of trustee decisions following the Freeh Report and the release of chilling voicemails left by Jerry Sandusky on a victim’s phone, the looming question of Penn State’s next steps still remain. The image of the university is undoubtedly tarnished after the Jerry Sandusky child sex abuse trial revealed university officials sat idle as children were victimized by the former assistant coach to the prestigious football team.
The university is still the subject of a number of investigations and the current president, Rodney Erickson says the university is cooperating fully. [Read more] Following the sanctions levied by the NCAA and Big Ten, credit ratings provider, Moody’s Corporation announced that it may cut the university’s current “Aa1” credit rating. A downgrade from Moody’s could make it more expensive for Penn State to borrow money – the school is already $1 billion in debt. [Read more]
Financial woes aside, the university has already begun taking steps to make a dent in replenishing the image it once had; removing the Joe Paterno statue from campus may not be enough.
Erickson announced earlier this month that the university would adopt a new background check procedure. On July 5, all current and future job candidates (including third-party candidates) must undergo a criminal background check prior to working for the university. HR99 as it’s called incorporates a “more comprehensive procedure that also ensures compliance with recently issued new guidance by the Equal Employment Opportunity Commission on background checks.”
Associate vice president of Human Resources, Susan Basso, says that “to provide the safest possible environment for our students, faculty, staff and visitors it is imperative that Penn State implements consistent and thorough background check procedures.”
First Contact HR has always recommended that higher education adhere to EEOC guidelines and adopt a comprehensive background check policy that meets their specific needs. No college or university is the same, yet identity verification, criminal records research, sex offender registry checks, employment and education verification and motor vehicle records review are all recommended services for any potential staff member of an educational institution.
Regarding the effectiveness of background checks, Jerry Sandusky had a criminal background and was even denied a volunteer coaching job in 2010 after Juniata College conducted a background check.
HR Professional Opinion:
Higher education institutions should audit their current practices and conduct an objective risk assessment. Student safety and security should be high priority and never subordinate to other objectives of the institution. Conducting comprehensive background checks that are in compliance with federal, state and local laws are key in protecting the institution’s reputation, hiring and retaining the right talent, while creating a culture that matches the institution’s goals, objectives and vision.
Higher education should evaluate all new hires, volunteers and contractors, considering the following factors against the work to be performed or held, the work performance location, and the degree of risk to the organization:
Further, prior to taking any adverse action against any subject, First Contact HR recommends consideration of the following:
There has been a surge in legislation across the U.S. with the goal of curtailing employer use of criminal records that bar employment opportunities for ex-offenders. Take for example the new EEOC guidance on the use of arrest and conviction records and the proliferation of “ban-the-box” laws.
With the enactment of the 2010 Massachusetts Criminal Offender Records Information (CORI) Reform bill, employers face a wave of changes in their use and access to criminal records.
On April 25, 2012, the Equal Employment Opportunity Commission (EEOC) issued new Enforcement Guidance on use of arrest and conviction records in employment decisions.
As a result, the new EEOC Enforcement Guidance aims to prohibit employers from using “blanket prohibitions” against hiring anyone with any kind of a criminal records, no matter how old the conviction and no matter what the prior offense may have been. When making employment decisions based on conviction records, employers should take a three (3) factor approach:
More specifically, the Enforcement Guidance provides two circumstances in which an employer’s criminal conviction policy will “consistently meet” Title VII’s “job-related” and consistent with business necessity” defense. According to the EEOC, these circumstances include:
Other defenses for employers to consider involve compliance with federal or state laws that are specific to their business. For instance, the FDIC Act requires banks to conduct criminal background checks on applicants and restricts their ability to hire individuals with certain conviction histories. Under these circumstances, this would be valid defense for claim of discrimination brought by an applicant or employee under title VII.
HR Professional Opinion
With the new EEOC Enforcement Guidance in place, here are some best practice tips and action steps for employers to consider:
Best Practice tips for employers:
Employer Action Steps: