An Inside Look at Properly Conducting a Background Check (Part II)

00013880The importance of choosing a background screening company that prides itself on being more than a transactional organization, cannot be overstated. Employers need HR Investigators who dig deeper and go beyond the surface of uncovered information to ensure data accuracy and legal compliance.  Without this thorough approach, employers may hire dangerous and/or unqualified people, or, conversely, job applicants may lose opportunities because their identity is not properly verified. Either of these outcomes is bad for business.  Hiring decisions based on bad data can land an employer in court (or worse).

Talented investigators avoid potentially negative hiring decisions by putting forth the added review and research required of every background check they perform.

Below are two real-world cases of checks that needed the extra time and attention.

A Picture Worth a Thousand Words

When running a criminal background check with a name and date of birth provided by the job applicant, a serious sex offense was discovered. The names did not match up and the middle initial of the job applicant matched only the first name of the convicted sex offender. Additional research led the investigator to discover several alias names, one of which matched the applicant, with a matching date of birth.  The sex offender registry listed an address that, although similar, did not match with the information the applicant provided.  Rather than giving up, the investigator grew resourceful. She forwarded a copy of the sex offender’s photo from the online registry to our client and asked that they confirm whether it was their job applicant. Sure enough, the convict and the job applicant were the same person.  These extra steps positively identified a rapist who went out of his way to avoid detection, including providing an invalid address.   Had the investigator run the sex offender search and nothing more, this applicant’s record would have been returned as clean, and the employer may have made a hiring decision without critical information about the applicant’s character and past criminal activity.

Good Guy/Bad Guy

In another example based on actual events, a criminal records researcher prevented an uninformed hiring decision for another employer due to his keen instincts, due diligence and understanding of what constitutes a “red flag” when performing a background search. In this case, a job applicant’s information was run through the applicable state’s sex offender registry.  The applicant’s name matched an offender, but the year of birth did not match.  Further, a social security number trace did not verify.  A call to the client to verify the SSN and date of birth led our investigator to an entirely different SSN and date of birth. The correct SSN was run and the address matched that of the sex offender.  A Google search found that the education, prior job experience, and resume did match with the information provided by the job applicant.  Unfortunately, there were two different individuals with identical information. The individual purporting to be the Good Guy was actually a Bad Guy.  The Bad Guy found the Good Guy’s resume and other information online and copied it onto his employment application. A classic case of identity theft! Turns out, the Bad Guy had an extensive criminal record, including forgery, criminal trespassing, and stalking.  The frightening part is that without the foresight to follow up with the client about the personally identifiable information initially provided by the applicant, the education and employment information would have checked out as there was an individual by the same name who studied and worked as put forth on the consent form.  Had the investigator not contacted the client to confirm the SSN, this criminal would have skated through the background check and come out clean on the other side.

At First Contact HR, the real-life illustrations above are used as a teaching resource for all new HR Investigator hires. If a SSN does not verify, there is a name hit (even if other information does not match) and/or the job applicant lists all previous employers as “supervisor no longer there,” prudence requires follow up and additional research by a team of HR Investigators.

For more information about First Contact HR’s background screening services and human resources consulting solutions, please call 267-419-1390 or email us at client.services@firstcontacthr.com

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Hiring Concerns in Philadelphia Building Collapse

Center City, Philadelphia was faced with a tragic event Wednesday, June 5 when a building came crumbling down onto an adjacent building on 22nd and Market Streets. A total of six lives were lost and 13 people injured as rescue crews excavated bodies and survivors from the rubble.

A two-story wall of a building being demolished came down around 10:30am EST onto a neighboring Salvation Army thrift store below. The loss of life in this demolition accident is tragic, and now people are asking the questions: why and how did this happen?

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Three Drug Abuse and Detection Trends Employers Need to Know

Quest Diagnostics has recently released a new report on work-related drug testing and the associated trends. The comprehensive report details comparisons between 2011 and the first half of 2012 (January to June) and reveals some striking facts about the state of drug use in a sample of job seekers. The data they collected comes from more than 3.4 million drug tests handled in 2012. Below are the three most significant trends gleaned from the report.

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

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

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Massachusetts CORI Reform Law and its Implications on Employer Background Checks

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.

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New Guidance issued by EEOC on Criminal Background Checks

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:

  1. employers who are able to validate their use of background screening policies and practices as a business necessity will meet the defense, or;
  2. 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.

 

 

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Internet Background Searches – Should YOU Use Them?

It’s no surprise that basically anyone and everyone can conduct a simple background check on whoever they like. With companies like EasyBackrgoundCheck.com and nationally-recognized BeenVerified.com, individuals and companies can input basic information about a person and obtain “background” information on that individual.

While it is fine for people to use internet background check services like these for personal use, it is important to realize that these companies are simply “public record aggregators,” and thus not a replacement for traditional pre-employment background screening or private investigative services.

Internet aggregation services are a cheap and quick way to get a bit of information on a stranger or person of interest, but are certainly not acceptable for hiring purposes. Under the Fair Credit Reporting Act (FCRA) information that is supplied by a 3rd party vendor for hiring purposes needs to be both accurate and current (not older than seven years). Furthermore, companies and organizations that are in fact going to use the information obtained from these internet aggregation sources for employment purposes, must obtain the applicants consent before doing so. In the case of hiring, the job applicant must provide an organization with signed written consent for performing an internet background check.

Companies and organizations that have written consent from applicants to do a background check still need to make sure that the information is accurate – in many cases, the information is not. BeenVerified.com for example even states: “we do not represent or warrant that the results provided will be 100% accurate and up to date.”

More often than not, those conducting internet background checks via aggregation services are not able find the right person to investigate either because their name is too similar to another person (think, “John Smith”) or the person has taken steps to protect their internet privacy (think, “do not call list”… but more like the “do not internet background check me online list”). How could an individual do this without countless hours spent searching online? You might ask.

Well, there are a number of ways individuals can hide, block and even remove information about them so that internet background check websites cannot find them. Read this article by BGR.com explaining all the ways you can put yourself on the “do not internet background check me online list” for all the major internet aggregation sites such as BeenVerrified.com.

The best practice available for a company or organization that is looking to conduct background checks on job applicants and employees is to use a trusted company such as First Contact HR. To see what background screening services First Contact HR can provide to individuals and companies, Visit: FirstContactHR.com

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Listen to First Contact HR Principal, Leon Singletary’s May 26 Talk Radio Interview

On May 26, 2011, Leon Singletary discussed First Contact HR’s services as well as offered industry insights on Critical Mass: Coast to Coast on OC Talk Radio. Hosted by Ric Franzi, Leon and Ric talk about the role full-service background checks and HR security plays in mid-market company’s hiring decisions.

When asked about guiding principles used to grow the firm, Leon says “[we] have a number of values that really start with client focus, you know, [we] believe that it is the core of our business and it’s really a differentiator for us…” To listen to the entire interview click the play button below or click here.

 

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