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 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.
In this day and age, companies are becoming increasingly concerned with their financial well-being and corporate responsibility. For most of them, this means ensuring employee safety and candor in the work place.
Background screening companies like First Contact HR are here to keep company work environments safe by mitigating risky hires, while also remaining legally compliant. Providing background checks means background screening companies must have a high standard for legal integrity to help their clients make the best hiring decisions.
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:
- · Publicly display or post more than the last four digits of SSNs.
- · Print SSNs on employees’ badges, parking permits or timecards.
- · Require people to use their SSN to access a website unless encrypted or over a secure connection.
- · Use more than the last four digits to access a website unless a password or other unique identifier is also required.
- · Use more than the last four digits of an SSN as an employee number.
- · Send SSNs through the mail, unless the documents are applications or other such forms; and then SSNs must not be visible through a windowed envelope.
- · Keep unsecured files containing SSNs and allow non authorized personnel access to such files.
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
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:
- The nature or gravity of the offense or conduct;
- The time elapsed since the offense, conviction; and/or completion of the sentence; and
- The nature of the job sought or held.
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:
- employers who are able to validate their use of background screening policies and practices as a business necessity will meet the defense, or;
- develop a targeted, three (3) factor screening approach (as outlined above), and provide subjects with criminal records an opportunity for an “individualized assessment.”
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.
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:
- Eliminate policies and practices that impose blanket prohibitions to employment based on any conviction;
- Do not request arrest records from applicants;
- Educate and train hiring managers and decision-makers about appropriate use of conviction history in hiring and promotion, and separation;
- Revise screening procedures to ensure that they are job related and consistent with business necessity;
- Do not ask applicants for disclosure of convictions that are not job related and consistent with business necessity, and;
- Keep information about applicants’ and employees’ conviction history confidential.
Employer Action Steps:
- Review background screening policies and practices in light of the new guidance, and;
- Make adjustments needed to the extent practices cannot be justified as job related and consistent with business necessity, and;
- Recruiters and job interviewers must be trained in connection with the EEOC’s Guidance in order to be credible witnesses in any challenge the employer’s hiring, promotion, or separation decision-making.