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Jan 26 12

Using Technology to Make Life Easier

by Timothy Whiting

I love technology. I believe I am part of the majority. In general, it makes personal and professional tasks easier to complete. For personal use, I appreciate using my web cam to talk to family all around the world. Professionally, I implement new technology anywhere I can. Like so many of us, we are tasked to do more with less. Why not use technology to make life easier?

Technology evolves every single day and I am grateful that it does. For instance, when you think about the background check industry and where it has been and where it is today, you can thank heaven and earth for technology. Back then, private investigators would receive a full résumé, sit with the candidate and then conduct a neighborhood canvas and visit every previous employer (yes including travel) to complete a background check. Yikes!

In the…

  • 70’s, microfiche and snail mail was used.
  • 80’s, the fax machine was in full-force use.
  • 90’s, the Internet came into our lives and we can thank Al Gore for his achievement.
  • Early 00’s, the advent of the Internet pushed data entry from screening companies to HR departments.
  • Late 00’s, HR departments downsized and screening companies and HR agreed that the applicant should enter in their own data.

 

Well, here we are, 2012. We are grateful to see the unemployment rate slowly going down. However, as our departments slowly increase in numbers, we still have the enormous pressure to do so much in such little time. Like so many, we need to think of ways to cut corners with the use of technology without comprising important aspects of our work. HR is the full cycle management of people – alpha to omega. Not an easy endeavor. As a result, when we have the power to leverage technology offered by our vendors, we need to give it some serious thought.

Most recently, Credential Check started to offer… The APPOL, which stands for Apply Online.  The APPOL is a proprietary tool that provides simplification through automation (automating the “yuk” work).  It allows a company to paperlessly manage the entire candidate process.  Imagine the ability to collect a candidate’s application, process their background checks and drug testing, send them their new hire paperwork and notify other departments about a new employee starting with the appropriate information they need to setup a computer, phone and badge.  Credential Check also honed in on the needs of the HR professional by providing real-time dashboards that track most key HR statistics including hired vs. not hired, total background checks vs. total applications, cost, turnaround time from application to hire and many others.  See what the APPOL can do for you (www.credentialcheck.com)! At RECON, we look forward to using this technology ourselves and well as introducing it our clients.

 I am always thinking of ways to make life easier – personally and professionally. For 2012, are you?

Sally-Ann Cooke, MSHROD, PHR, CHRP
Client, RECON Management Systems

Jan 19 12

What is a 168?

by Michael Pachuta

I enjoy listening to people when they speak about their profession. Acronyms have become so common place in the working world that it almost requires a dictionary for each new employee to understand what people are saying.

Why would the background check profession be any different? It is not. In the past week I have heard from not less than a half dozen prospects refer to the types of searches they are conducting as National Criminal Searches and they believe that they are receiving a report that checks every court in the United States. They firmly believe that their supplier is checking at the County Court level and when we compare their reports they are not pleased that what they thought and what they are receiving are not the same.

So: What is a 168? A 168 is the number of hours in a week – which is terminology generally used in the staffing profession and more specifically within the Security Officer profession regarding the hours of coverage per shift in a week.

Answer: 24 hours a day (times) 7 days a week (equals) 168 hours
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Let me shed some light on the terms:

Federal – State – National

with regards to criminal records.

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Federal: A federal crime is an action that is illegal according to federal law, which means it is a crime throughout the entire country no matter where it is committed.

State: a state crime is something against the law of a given state; state crimes vary greatly throughout the country — as do the punishments attached to them.

National: a commonly used term meaning the United States – which does not have any correlation to our court systems. In other words – slang. J

State Courts

Federal Courts

  • Crimes under state legislation.
  • State constitutional issues and cases involving state laws or regulations.
  • Family law issues.
  • Real property issues.
  • Most private contract disputes (except those resolved under bankruptcy law).
  • Most issues involving the regulation of trades and professions.
  • Most professional malpractice issues.
  • Most issues involving the internal governance of business associations such as partnerships and corporations.
  • Most personal injury lawsuits.
  • Most workers’ injury claims.
  • Probate and inheritance matters.
  • Most traffic violations and registration of motor vehicles.
  • Crimes under statuses enacted by congress.
  • Most cases involving federal laws or regulations (for example: tax, Social Security, broadcasting, civil rights)
  • Matters involving interstate and international commerce, including airline and railroad regulation.
  • Cases involving securities and commodities regulation, including takeover of publicly held corporations.
  • Admiralty cases.
  • International trade law matters.
  • Patent, copyright, and other intellectual property issues.
  • Cases involving rights under treaties, foreign states, and foreign nationals.
  • State law disputes when "diversity of citizenship" exists.
  • Bankruptcy matters.
  • Disputes between states.
  • Habeas corpus actions.
  • Traffic violations and other misdemeanors occurring on certain federal property.

 

State or Federal Courts

  • Crimes punishable under both federal and state law.
  • Federal constitutional issues.
  • Certain civil rights claims.
  • "Class action" cases.
  • Environmental regulations.
  • Certain disputes involving federal law.

 

Note: Sometimes a federal crime and a state crime overlap and the perpetrator could be charged with either offense; the United States Constitution’s Supremacy Clause, though, provides that the federal government take authority over the case, which means the offender will be tried through the federal system.

Some common examples of Federal crimes include the following:


  • Bribery
  • Computer crimes/hacking
  • Counterfeiting of currency
  • Embezzlement
  • Forgery
  • Immigration violations
  • Insurance Fraud
  • Kidnapping
  • Mail fraud and other crimes concerning the postal service
  • Racketeering
  • Securities fraud
  • Tax evasion and fraud

Jan 11 12

Use of Arrests Records in the Hiring Decision.

by Michael Pachuta


Many HR professionals request background checks to include information that may not be utilized in the hiring decision. If your company has a blanket policy – it is time to review and update.

Credential Check has created an auditing tool to assist you with the evaluation of your screening program. The ListenFirst Client Needs Analysis. If you are willing to invest 15 – 20 minutes we will provide you with an evaluation based on the above criteria. In today’s Conscious Commerce society it is no longer just who you know but also the value they can provide to your company.

Pepsi Beverages pays $3.1M in racial bias case

By SAM HANANEL, Associated Press–1 hour ago

WASHINGTON (AP) — Pepsi Beverages Co. will pay $3.1 million to settle federal charges of race discrimination for using criminal background checks to screen out job applicants — even if they weren’t convicted of a crime.

The settlement announced Wednesday with the Equal Employment Opportunity Commission is part of a national government crackdown on hiring policies that can hurt blacks and Hispanics.

EEOC officials said the company’s policy of not hiring workers with arrest records disproportionately excluded more than 300 black applicants. The policy barred applicants who had been arrested, but not convicted of a crime, and denied employment to others who were convicted of minor offenses.

Using arrest and conviction records to deny employment can be illegal if it’s irrelevant for the job, according to the EEOC, which enforces the nation’s employment discrimination laws. The agency says such blanket policies can limit job opportunities for minorities with higher arrest and conviction rates than whites.

The company has since adopted a new criminal background policy and plans to make jobs available to victims of the old policy if they are still interested in jobs at Pepsi and are qualified for the openings.

"I commend Pepsi’s willingness to reexamine its policy and modify it to ensure that unwarranted roadblocks to employment are removed," EEOC Chairwoman Jacqueline Berrien said in a statement.

Pepsi Beverage spokesman Dave DeCecco said the company’s criminal background check policy has always been neutral and that the EEOC did not find any intentional discrimination. He said after the issue was first raised in 2006, the company worked with the EEOC to revise its background check process "to create a workplace that is as diverse and inclusive as possible."

"We are committed to promoting diversity and inclusion and we have been widely recognized for our efforts for decades," DeCecco said.

He said the new policy would take a more "individualized approach" in considering the applicant’s criminal history against the particular job being sought.

Pepsi Beverages is PepsiCo’s beverage manufacturing, sales and distribution operating unit in the United States, Canada and Mexico.

Under the settlement, the company will provide the EEOC with regular reports on its hiring practices and offer antidiscrimination training to its hiring personnel and managers.

About 73 percent of major employers report that they always check on applicants’ criminal records, while 19 percent do so for select job candidates, according to a 2010 survey by the Society for Human Resource Management.

But increased federal scrutiny of such policies has led some companies to reevaluate their hiring process. Pamela Devata, a Chicago employment lawyer who has represented companies trying to comply with EEOC’s requirements, said there has been an uptick over the past year in EEOC charges over the use of background checks.

"The EEOC has taken a very aggressive enforcement posture on the use of criminal background and criminal history," Devata said.

The commission held a special meeting on the topic last summer, and Devata said employers have been expecting the EEOC to issue more specific guidance.

EEOC officials have said, for example, that an old drunken driving conviction may not be relevant to a clerical job, but a theft conviction may disqualify someone from working at a bank.

Julie Schmid, acting director of the EEOC’s Minneapolis office, said the EEOC recommends that employers consider the nature and gravity of offenses, the time that has passed since conviction or completion of a sentence, and the nature of the job sought.

"We hope that employers with unnecessarily broad criminal background check policies take note of this agreement and reassess their policies to ensure compliance" with antidiscrimination laws, Schmid said in a written statement.


Jan 5 12

New Year = New Hires!

by Megan Consolo

As your company prepares for new hires in 2012, it’s a great time to take a look at your current background screening process. We’re not just talking about criminal checks and drug tests here, but everything from application to adverse action. What is adverse action, you say? Unfortunately this is a question we hear far too often from our clients. According to the Fair Credit Reporting Act (FCRA), if your company uses a CRA, or Consumer Reporting Agency, such as Credential Check, you as the employer must ensure compliance with the FCRA.

To comply with the FCRA an employer’s responsibilities include the following

  • Disclose the intent to obtain a consumer report;
  • Obtain authorization from the candidate to obtain a consumer report;
  • Provide the candidate with pre-adverse action notice if the employer plans to take an adverse action based in whole or in part on information contained in the consumer report which includes instructions on how to dispute the reported information; and
  • Provide the candidate with an adverse action notice after taking adverse action based in whole or in part on information contained in the consumer report which is sent after a reasonable* amount of time from when the Pre-Adverse Action Notification was sent.

*Note: The EEOC has issued an opinion letter regarding a reasonable amount of time being five business days.

Now is a great time to implement these policies within your company! For help with this or any other background screening needs, call Credential Check at (888) 689-2000.

Happy New Year!

Oct 13 11

CA Restricts Use of Credit Reports

by Megan Consolo

California is the latest state to place restrictions on the use of a person’s credit history in the hiring decision. Following states such as Connecticut, Oregon, Washington and Hawaii, California is now the seventh state to limit the use of a credit report in the hiring decision. Proponents of the bill, AB 22, state that unless a person has direct fiduciary responsibility or handles a large amount of cash daily, that a person’s individual financial history has no bearing on job capability or job performance. States have begun placing greater restrictions on employers because of the personal toll that the economic downturn and unemployment levels take on people.

If you have any questions, please call Credential Check Corporation at (888) 689-2000 or consult your attorney!

Sep 7 11

Credential Check Recognized as Cool Place To Work

by Timothy Whiting

TROY, Mich. September 6, 2011—Staff members from Credential Check Corporation have been selected to receive the Crain’s Cool Places to Work award. This marks the third year that Credential Check has been selected as a top employer in the state of Michigan. Credential Check is proud to offer their employees extensive benefits including time off to volunteer, telecommuting program, 401k matching and excellent health coverage.
Credential Check was the only firm there that specializes in background checks. Credential Check is committed to providing background checks with a high level of service to its growing client list. This requires a dedicated staff of trained employees on hand to meet clients’ needs and special requests. According to Cynthia Pariseau, Manager of Administrative Services, “Credential Check Corporation is excited and proud to have been selected as a Cool Place to Work,” by Crain’s Detroit Business and the American Society of Employers. Michael Pachuta, President, stated “Our employees are the greatest asset at Credential Check, we are proud of what they have accomplished and we are committed to helping them grow personally and professionally.”

Jul 27 11

Credit Report Usage in Connecticut

by Megan Consolo

Effective October 1, 2011, Connecticut becomes the sixth state to enact prohibitions on an employer’s use of credit in employment.  The Act which was signed by Connecticut Governor Malloy, prohibits many employers from requiring employees and prospective employees to consent to a credit report as a condition of employment.

Exceptions to this Act include financial institutions and positions where the credit history is “substantially related to the employee’s current or potential job.”

If you have any questions, please call Credential Check Corporation at (888) 689-2000 or consult your attorney!

Jul 6 11

EEOC set to Meet on the use of Criminal Records in the Hiring Decision

by Timothy Whiting

On Tuesday, July 26 the Equal Employment Opportunity Commission (EEOC) will hold a hearing on the use of criminal records in the hiring process.  This meeting will include all five of the Commissioners and will be open to the public.  The National Association of Professional Background Screeners (NAPBS) is working diligently to prepare comments for formal submittal to the EEOC.  The agenda is not yet released, but we anticipate involvement from various attorneys, victim groups, and academia.  Credential Check understands the importance of this meeting and will be obtaining regular updates.   Although the meeting is open to the public, it will not be televised or webcasted.  Credential Check will be blogging (www.hrsolutionsblog.com) and tweeting (www.twitter.com/credentialcheck) to keep you updated.

Jun 29 11

Michigan Updates Laws to make it Easier for Records to be Expunged

by Timothy Whiting

On Thursday June 23, 2001 Michigan Governor, Rick Snyder, signed new legislation that now makes it easier for criminal records to be expunged.  The law looks at how many charged offenses are within a particular case.  Under the prior law, a Judge could have a record expunged when there was only one offense on the record, however with the new law, a case can be expunged by a judge even if there are up to three offenses.   This only applies to what is deemed a minor offense including ordinance violations, and misdemeanor records in certain cases; essentially no serious crimes are able to be expunged from a record.

Amidst a rocky economy and rising unemployment rates, the new law could make it easier for job applicants with prior minor offenses.  Aside from the new law, having records expunged is a standard practice, most often applied to first time offenders that complete the sentence including probation successfully.   Two common misconceptions or missteps with expunged records are:

  • The record is not automatically expunged following the end of the probation, the defendant in the case must file a motion to have the record expunged and the judge must approve the motion prior to the record being expunged.
  • The record may still be locatable following the case being expunged and it advisable for the defendant to contact the department that houses records at the state level to ensure they receive the proper documents to remove the record from their files.   This is a key step as the record is expunged at the county level and if that record was already provided to the state the defendant will want to ensure that it is removed there also.

Jun 7 11

School Districts tightening the standards for auxiliary positions

by Megan Consolo

In the past few weeks, the state of New Jersey and Delaware signed into affect bills that further protect members of the communities by requiring background checks on auxiliary positions within the district.
In New Jersey, board of education members now must submit to background checks within 30 days of being elected or appointed. The law which was signed on May 26, 2011 (A-444) “disqualifies member of board of education or member of charter school board of trustees for conviction of certain crimes and requires member to undergo criminal history background investigation.”  NJ A-444 School board members are required to cover the cost of the background checks themselves.
In Delaware, House Bill 100 would require contractors performing construction on school district buildings to submit to criminal background checks. Local authorities state that other school workers including teachers, custodians and cafeteria aides are required to pass background checks, and construction workers often have equal access to students. House Bill 100