You Ask, We Answer

Posted on December 5, 2011 by firstcontacthr

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!

Background Screening and Minors, Concerned Parents

Posted on November 29, 2011 by firstcontacthr

In light of the events that have unfolded at Penn State and Syracuse Universities, it is important to recognize the unfortunate events that occurred, but also shed light on how the scandals happened. The incident has shocked the country – Penn State University’s former football coach, Jerry Sandusky is being charged with 40 counts of sexual abuse towards minors and the university’s revered football coach, Joe Paterno was fired.

Sandusky is the pinpoint in a wide-ranging investigation that involves eight boys over a 15-year period. Similarly, Syracuse University authorities allegedly ignored sex abuse allegations in 2002 against basketball coach Bernie Fine. A former ball boy for Syracuse University, Bobby Davis, and his girlfriend at the time, claim to have gone to university police back in 2002 with child-molestation allegations. The two have decided to come forward again in response to the media spectacle at Penn State – this time, hoping they will be heard.

The allegations facing administrators at both universities are cause for any parent or school to worry especially when the trust and care of minors are involved. The reaction to these two events by parents is overwhelming – many are questioning the hiring process for the administrators, teachers, coaches and the like who spend time with children. The incidents that have occurred also highlight the lack of background checks performed on individuals who work closely with children.

In one case, a group of parents whose children participate in Baltimore County Department of Recreation and Parks programs are demanding the adoption of background checks for all coaches and volunteers (Read more). In another recent case, Hollywood casting assistant, Jason James Murphy has caused anxiety amongst the parents of child actors who worked under Murphy. Murphy is a convicted child molester who served five years in prison for kidnapping and molesting an 8 year old boy. Parents of child actors are especially concerned since the casting process is typically a time where a child would be unsupervised by a parent or guardian (Read more).

Had background checks including federal court criminal records searches, statewide criminal records searches and criminal history reports, been performed some of these events could have been avoided. It is important to question whether or not background checks are performed amongst those our society trusts with minors to help eliminate the chances of pedophiles and predators preying on children.

Education Background Screening and Human Resource Stories in the News Last Week

Posted on November 15, 2011 by firstcontacthr

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

Retailers use Background Checks as a way to Keep Employees and Shoppers Safe

Posted on October 27, 2011 by firstcontacthr

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.”

Download the complete PDF

For information on the background screening services First Contact HR can provide in the retail space, click here.

You Ask, We Answer

Posted on October 19, 2011 by firstcontacthr

Each week we will be answering common questions we get on background checks, drug testing and other HR industry practices. Got a question? Ask us at info@FirstContactHR.com

Question #3: Why do I need a “background screening” firm? Isn’t most information about a person’s background online?

Contrary to popular opinion, criminal and other searches are not ‘available online. Very few county court records are accessible online, and then only with special access procedures and fees. Most of the advertised sources of online criminal history do not come directly from the courts, but is retrieved from databases that are not always accurate or current.

Always ask if their searches are direct from the originating source or are they simply pulled from a purchased database. To learn more about internet searches, read a previous post on Internet background searches.

For more questions and answers, visit www.FirstContactHR.com and just Ask!

You Ask, We Answer

Posted on October 12, 2011 by firstcontacthr

Question #2: What does the Fair Credit Reporting Act have to do with a criminal background search?

The FCRA governs all background searches, not just credit reports. The Act defines permissible purposes, how the information is handled, what procedures and documentation must be followed, and even defines the procedures for when an applicant is denied a job based on the results. There is a great deal more to know about the FCRA, and we recommend all personnel responsible for hiring employees be aware of the impact this act has on your employment decisions. For more information on the FCRA, visit: http://www.ftc.gov/os/statutes/fcrajump.shtm

For more questions and answers, visit www.FirstContactHR.com and just Ask!

Each week First Contact HR answers common questions on background checks, drug testing and other HR industry practices. Got a question? Ask us at info@FirstContactHR.com

What do Criminal Background Checks Mean For Minority Job Candidates?

Posted on October 5, 2011 by firstcontacthr

The national unemployment rate in the U.S. is declining, but still currently rests at an unsettling 9.1% – a decrease from 9.6% this time last year. In light of the quest for jobs in the current economy, the Equal Employment Opportunity Commission (EEOC) wants to make it easier for the nation’s minority job prospects by limiting (or even eliminating) the use of criminal background checks for employers when it comes to making hiring decisions. The commission held hearings to examine employer’s use of conviction and arrest records as a potential hiring barrier.

The EEOC argues that by limiting the ability of employers to consider criminal backgrounds check employment screening tool in hiring will allow for minority applicants, specifically African Americans and Latinos to get more jobs since the two groups have the highest conviction and arrest rates as compared to non-minorities.

The U.S. Commission of Civil Rights (USCCR) however, negates the EEOC’s claims since the hearings failed to recognize scholarly reports that challenge the assumptions that African Americans are less likely to be hired when employers use criminal background checks.

In research cited by [Caroline May, The Daily Caller]:

Civil Rights Commissioners Peter Kirsanow, Gail Heriot and Todd Gaziano pointed to research from economists Harry Holzer and Stephen Rafael and public policy professor Michael Stoll, published in the Journal of Law and Economics, which showed that employers with access to background checks are actually more likely to hire African Americans, especially African American men, than those without access to that information.

According to the research, when a criminal background check is unavailable, some employers have been known to be more prone to discriminate against minorities like African Americans and Latinos based on crime statistics. Currently, the EEOC is still reviewing the statements by the USCCR.

You Ask, We Answer

Posted on September 21, 2011 by firstcontacthr

Each week we will be answering common questions we get on background checks, drug testing and other HR industry practices. Got a question? Ask us at info@FirstContactHR.com

Question #1: How common is drug testing?

In 1983, only 3% of the Fortune 200 companies were testing one or more classes of job applicants or employers. By 1991, 98% had implemented some form of drug testing.

What’s more, as a way to improve safety in the workplace today, many employers now test their employees for both illegal drugs and alcohol. Some of the more common types of drug testing include urine, oral/saliva and hair. Drug testing is typically conducted at a drug clinic location nationwide or on-site at work locations. Employers who use laboratory testing have the advantage of faster results since both the screening and confirmation stages of the drug test are carried out in one place.

For more questions and answers, visit www.FirstContactHR.com and just Ask!

Is your Company’s Social Media Policy in Violation of the NLRB?

Posted on September 6, 2011 by firstcontacthr

With the popularity of social media platforms like Facebook, Twitter and MySpace at an all-time high with regards to usage at home and in the workplace, the National Labor Relations Board (NLRB) is cracking down on companies’ social media usage in the workplace.

The problem? Companies are creating social media policies that they expect employees to adhere to; however these policies may violate the National Labor Relations Act. Such violations can lead to legal and monetary risks if not corrected. In many cases, both unionized and nonunionized employees have been terminated for posting unfavorable material to do with their jobs on social networking sites.

One of the main determinants for whether or not a company follows the National Labor Relations Act (NLRA) when letting an employee go based on social network posts is if the social media post by the employee was a concerted complaint or just a personal gripe. Read about what happened when Wal-Mart, JT’s Porch Saloon, and Martin House fired employees who posted “negative” comments via their social media pages.

Another violation of the NLRB is conducting an internet or social media search on an applicant without potential new hire’s consent. Companies that take matters into their own hands by conducting such searches must have signed written consent to do so. What’s more is some companies will simple “Google” the applicant or search through the individual’s social media profiles. This practice can lead to an applicant who is unfairly judged based on information such as religion or sexual orientation.

To learn more about internet searches, read our past blog post “Internet Background Searches – Should YOU Use Them?”

Considering a Prospective Employee’s Financial History for Future Employment?

Posted on August 23, 2011 by firstcontacthr

In May, 2011 a job applicant sued Toojay’s Mgmt. Corp, a private employer, when after the interview process the employer rescinded an offer of employment after finding out the applicant filed for bankruptcy in the past.

The applicant claimed that the company’s actions violated a section of the Bankruptcy Code, which states that:

“No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title, a debtor or bankrupt under the Bankruptcy Act, or an individual associated with such debtor or bankrupt…”

The court rejected the applicant’s claim, since the applicant was not yet an employee and the company was simply reacting on facts provided by a background check. Read more about this case.