More Nonprofits Conduct Background Checks, Criminal Hits Decrease

Posted on April 17, 2012 by firstcontacthr

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.

How much do you know about your Child’s Daycare Center?

Posted on March 9, 2012 by firstcontacthr

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:

About 12 million children under the age of 5 are in some type of child care setting every week.
Children may be cared for by an adult other than a parent for 35-45 hours each week.
21 states do not conduct fingerprint checks.
43 states do not check the sex offender registry for child care staff.
24 states do not conduct a fingerprint check for family child care providers.

Visit msnbc.com for breaking news, world news, and news about the economy

Sources:

http://moms.today.msnbc.msn.com/_news/2012/03/02/10556385-is-someone-with-a-criminal-past-running-your-kids-day-care

http://childcare.about.com/od/childsafe2/a/backgroundcheck.htm

http://www.eeoc.gov/

Babysitters or Child Predators?

Posted on February 9, 2012 by firstcontacthr

Most often the First Contact HR blog reports on trends, topics and news relating to background screening and other human resource practices for businesses. However, the need to background screen is not only pertinent to companies seeking to screen employees and applicants, but also to individuals and families seeking to hire a responsible person to provide part-time or full-time services such as childcare, elder care or home-cleaning services.

The need to hire responsible childcare providers is on the rise as the economy continues to rebound and parents find themselves once again gainfully employed. The decision to hire a qualified individual to watch over children while parents and or guardians are absent is one that should not be taken lightly.

The need to screen the individual who will provide childcare to minors is very important and highly recommended. Only two months into the year 2012, and the U.S. has already seen a high number of breaking news stories dealing with unfortunate incidents involving babysitters.

Here are some recent headlines and stories:

Montco Man Charged With Molesting Girl While Advertising Online As Babysitter

After advertising for babysitting jobs, a local man is accused of molesting a child he was supposed to be caring for. We are now learning our reporting is prompting a major online investigation. Read more

Babysitter sentenced to 40 years in prison for toddler’s death

A Springfield woman convicted of murdering an 18-month-old boy for whom she was babysitting was sentenced Tuesday to 40 years in prison. Read more

Babysitter sentenced to 10 years for shaking baby

Washington state woman, who admitted to violently shaking a baby left in her care, received the maximum sentence of 10 years. “She murdered who my child was supposed to be,” said the child’s mother, Jaime Thompson. Read more

Babysitter pleads not guilty to murder

The 28-year-old Hardin County babysitter who police say beat to death the little girl she was caring for answered to her upgraded charges. Ashley Chapman pled not guilty to murder Tuesday morning. Read more

So what can parents do to protect their children and ensure that those they interview or even find online are trustworthy? Certainly, you can start by hiring a reputable firm to perform a background check on the individual.

Here are some things to keep in mind when performing a babysitter background check:

You’ll need to get written permission from the applicant prior to performing a background check
To obtain the most relevant job-related information such as motor vehicle records and sex offender registry information, you will need to obtain information such as previous addresses the applicant lived, a social security number, and birth date.
Ask prospective babysitters to provide references from previous employers (not friends and family).
Ask question about work ethic, previous employment responsibility, etc.
Determine the type of background check you will perform. Background checks can range from a simple social security trace to a full package, thoroughly investigating the individual’s history. Contact a background screening firm such as First Contact HR to either perform the check, or advise you on what background screening plan you should put together.

With sites like Sittercity.com and Care.com, it’s impossible to know the full history of an individual you find online – even after the interview process. Let a background screening and human resource consulting firm help you be certain that you’ve hired the right person to childcare to precious members of your family.

Employers Face Class Action Lawsuits for Online Applications in Violation of Fair Credit Reporting Act

Posted on February 2, 2012 by firstcontacthr

In a response to a lack of communication during the online application process, the National Law Forum reports that an increasing number of job seekers are suing employers who are in violation of the Fair Credit Reporting Act (FCRA).

In a recent class action lawsuit against K-Mart, prosecutors say that the online applications that they filled out for positions at K-Mart are in violation of the FCRA. The retailer allegedly utilizes buttons on their online applications that either say “decline” or “accept.” These buttons are the only means offered by K-Mart to obtain an applicant’s consent to submit to a background. Apparently, this simple button click is not the correct way to obtain a background check authorization from an applicant.

According to the Fair Credit Reporting Act, in order to provide full disclosure to a job applicant:

a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and the consumer has authorized in writing (which authorization may be made on the document referred to in clause (i)) the procurement of the report by that person.

The simplicity of a “decline” or “accept” button does not constitute a written authorization, prosecutors say. Employers who utilize online job applications argue that under the Electronic Signatures in Global and National Commerce Act (E-Sign), electronically authorizing background checks are permitted. However, E-sign only applies to consumers or customers, not job applicants.

HR Professional Opinion:

(The comments below are part of First Contact HR’s opinion column where we offer the writer’s opinion on this post’s specific topic and thus should not be taken as legal advice.)

While it is certainly okay to obtain a background check authorization from an online job application, it is important to keep in mind that the authorization must:

Provide a clear and conspicuous disclosure in writing to the applicant that a consumer report for employment purposes will be procured;
The consumer has authorized in writing (such as e-mail, mouse click “yes” )the procurement of the report, and;
The electronic authorization must be “capable of being retained and accurately reproduced for later reference for the benefit of the consumer. Learn more

Regarding the K-Mart matter, it appears the company failed to satisfy the FCRA requirement stated above by requesting applicants merely to click a mouse button labeled “accept” or “decline.”

Although an electronic signature may prove to be a legally valid authorization to conduct a background check (under the FCRA), job applicants may be reluctant to accept the electronically-signed authorization and may require an actual hardcopy signature. To be safe, it might be prudent to stick with hardcopy signatures that are stored electronically with respect to background check authorizations.

Pepsi Beverages pays $3.1M to Settle Discrimination Charges

Posted on January 16, 2012 by firstcontacthr

PepsiCo Inc.’s bottling unit, Pepsi Beverages, has agreed to settle federal racial-discrimination charges as well as pledged to provide job training and new roles, according to the U.S. Equal Employment Opportunity Commission.

PepsiCo Inc. provided a statement that said the EEOC did not find any intentional discrimination. However, the company’s former criminal background check policy disproportionately barred approximately 300 black job applicants from employment. The EEOC, which enforces employment discrimination laws, said in a release that based on an investigation, “found reasonable cause to believe” that PepsiCo Inc.’s former criminal background check policy discriminated against black people.

The former policy and practice exercised by the company used the checks to screen out job applicants who had arrest records – even if they were never convicted of a crime. The policy resulted in limiting job opportunities for minorities, who statistically have higher arrest rates than whites.

The monetary settlement is being allocated in part to the claims process but primarily to division amongst black applicants for new positions at Pepsi. The company has also agreed to submit regular reports to the EEOC on its hiring process and offer anti-discrimination training to hiring managers.

Read EEOC press release: http://www.eeoc.gov/eeoc/newsroom/release/1-11-12a.cfm

HR Professional Opinion:

(The comments below are part of First Contact HR’s opinion column where we offer the writer’s opinion on this post’s specific topic and thus should not be taken as legal advice.)

While it is unfortunate, PepsiCo Inc. was faced with claims of discrimination; it is commendable that the company has recognized its discriminatory policy and is taking steps towards creating a more diverse work environment. In the case of hiring, the EEOC clearly states: “There is no Federal law that clearly prohibits an employer from asking about arrest and conviction records. However, using such records as an absolute measure to prevent an individual from being hired could limit the employment opportunities of some protected groups and thus cannot be used in this way.”

Pepsi overlooked this guideline, which could have been avoided had their HR department worked with a background screening company that could make sure their screening policies were aligned with the EEOC guidelines. Pepsi’s former policy not only limited employment opportunities for minorities by considering arrest records as a component of background screening, it also failed to take into consideration the applicant’s arrest as it related to the specific job.

First Contact HR advises its clients to only consider criminal conviction records that are job related before taking any adverse action against job candidates. Further, First Contact HR recommends employers always exercise good judgment and proposes the following ten (10) criteria for employers to consider when criminal record hits are discovered in background screening reports:

The nature, extent and seriousness of the conduct /conviction;
The circumstances surrounding the conduct;
The frequency of the conduct;
How recently the conduct occurred;
The individual’s age and maturity at the time of the conduct;
The presence or absence of rehabilitation and other pertinent behavior changes;
The potential for pressure, coercion, exploitation, or duress;
The likelihood of continuation of the conduct;
How, and if, the conduct bears upon potential job responsibilities; and
The individual’s employment history before and after the conduct.

No Background Checks for Holiday “Red Kettle” Volunteers

Posted on December 21, 2011 by firstcontacthr

It’s well into the holiday season now, and a familiar sight to see while shopping for those last minute holiday gifts are the Salvation Army Red Kettle bell ringers. If you’re feeling the spirit of the season and you decide to donate to the cause, it may surprise you to hear that the Salvation Army did not perform a background check on the volunteer taking your money. See video below by WKYC:

Juaniata College Conducted Background Check, Sandusky Denied Job

Posted on December 16, 2011 by firstcontacthr

After applying to a volunteer coaching position in May 2010 at Juaniata College in Huntingdon, PA, college officials who did their due-diligence turned Jerry Sandusky down. Hiring personnel at the college denied Sandusky the position after conducting a background investigation and were made aware of the ex-Penn State assistant coach’s alleged improper behavior at a previous school.

Sandusky is currently at the forefront of a sexual abuse scandal, where he is being charged with 40 counts of molestation charges towards young boys over a 15-year period.

Although he failed a background check and was told by the Pennsylvania college’s administrators that they did not want him associated with their sports program, Sandusky still managed to serve as a “consultant.” Read more

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