Amidst Boy Scout Child Sex Abuse Scandal, Delaware Valley PA Boy Scout Council Adheres To Rules, Background Checks

Posted on October 19, 2012 by firstcontacthr

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 →

State Laws Restricts Employers’ Use of Social Security Numbers

Posted on October 7, 2012 by firstcontacthr

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.

Massachusetts CORI Reform Law and its Implications on Employer Background Checks

Posted on July 1, 2012 by firstcontacthr

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.

Continue reading →

New Guidance issued by EEOC on Criminal Background Checks

Posted on May 7, 2012 by firstcontacthr

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.

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:

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.

U. Penn Dean, and Former NYU Staffer, Resigns over Fabricated Doctorate

Posted on May 3, 2012 by firstcontacthr

(Univ. of Pa. photo)

On April 26, 2012 a vice dean of the University of Pennsylvania School of Education resigned after questions of his academic background arose. Doug Lynch, a trusted faculty member at the University of Pennsylvania, claims that he has a doctorate. His resume states that he earned his doctorate from Columbia University in 2007, yet Columbia said that he has not yet earned his Ph.D. Additionally, on the Fels institute of Government webpage, Lynch was listed as “Dr. Lynch.”

Prior to quietly resigning following an investigation by the University of Pennsylvania into the authenticity of his claimed doctoral degree, the Philadelphia Inquirer published an article about Lynch being placed on leave. Read more

HR Professional Opinion

Fabricating facts and figures on a resume is fraud – and while it is not necessarily a crime, it is certainly a “misdemeanor offense” in the working world. Resume fabrication commonly includes lying about receiving a degree or certification, exaggerating numbers like GPA and dates worked on a particular project or job, inflating titles, providing a fake address, etc.

Those who get caught not only tarnish their reputation, but bad press is directed towards the organization that hired the individual guilty of fraud. Basically, resume fraud doesn’t look good for anyone, hence the importance of conducting education verifications in a pre-employment background check.

This is not the first time we’ve seen organizations in the limelight for hiring employees with fabricated backgrounds. Remember these?

Ronald Zarrella, Bausch & Lomb chief executive officer claimed to have graduated from New York University’s Stern School of Business. He actually only attended the MBA program from 1972-1976, yet never graduated.
George O’Leary, ex-Notre Dame football coach resigned five days after being hired after admitting to resume fraud. He claimed that he received his master’s degree in education from New York University, yet he never received that degree. He also lied about playing college football for the University of New Hampshire. This was also inaccurate.
Dave Edmondson, chief executive of RadioShack claimed to have received degrees in theology and psychology from Pacific Coast Baptist College in California. As it turns out, Edmondson only completed two semesters and that psychology wasn’t even a degree that was offered by the college.

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.

What’s Cookin’ in Paula Deen’s Kitchen? Discrimination Allegations

Posted on March 23, 2012 by firstcontacthr

Paula Deen. Photo: AP photo

After celebrity chef Paula Deen refused to pay a former restaurant worker to keep quiet, Lisa Jackson has decided to file a lawsuit against Paula Deen for allegations of sexual harassment and racial discrimination. Paula Deen co-owns the restaurant, Uncle Bubba’s Seafood and Oyster House in Savannah, Ga. with her brother, Bubba Hiers.

Deen is under fire for allegedly sexually harassing and inflicting assault and emotional distress on her employees, using the N-word and creating a hostile working environment. The lawsuit comes after a recent wave of criticism following Deen’s public coming out with her having Type 2 Diabetes.

In one incident, Jackson alleges that Hiers requested that she bring to work pornographic pictures of herself. In her lawsuit, Jackson claims Hiers viewed Internet pornography at the restaurant, drank on the job, made sexually charged comments to her and other staff members, kissed her and spat at her. Jackson, further alleges that both Deen and Hiers frequently made racist comments and used the N-word.

Jackson is seeking unspecified damages.

Photo: AP photo

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/

You Ask, We Answer

Posted on February 23, 2012 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 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!

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.