Being a member of National Association of Professional Background Screeners (NAPBS) has many advantages for members like Credential Check. The NAPBS can also be a great resource for Human Resource professionals and candidates as well. As an example there is a great “Frequently Asked Questions” document for candidates (Consumers as referred to by the FCRA) available on the NAPBS website. Here is a shortcut link to the document:http://bit.ly/1LcWYyV
I thought today we would take a look at a couple of the questions and the answers from this document and I would encourage you to go out to the general site as well at www.napbs.com.
- How do Consumer Reporting Agencies (CRA = Background Screening Companies) conduct background investigations? When an employer or landlord (End-User) orders a Consumer Report on an individual, the employer/landlord is responsible for specifying to the CRA what components they would like included in the Consumer Report. Typical searches may include, but are not limited to, one or more of the following: Social Security Number trace, criminal history, employment verification, education verification, driver’s record/license history, professional license, personal/professional reference, and credit history. The CRA will compile the report through various means including contacting the information source directly as well as utilizing databases of information.
- What can I do if my background check is inaccurate? Contact the CRA to initiate a dispute. The CRA will conduct a reinvestigation to determine if your record is inaccurate, incomplete, etc. A CRA typically goes directly to the information source to reinvestigate and must generally complete its reinvestigation within 30 days from receiving notice of the dispute. If the CRA correctly reported information as it appears at the source, you may need to go to the original source (courthouse, school, etc.) to correct the inaccuracy before the CRA will be able to update its report. It is imperative to correct your records at the source or future Consumer Reports will continue to report the inaccurate data.
- What can I do if I was denied employment because of a background check? The first step you should take is to review the contents of the Consumer Report. You should have received a copy of the report, a Summary of your Rights as prepared by the CFPB, and Pre-Adverse Action notification from your prospective employer or other End-User. If you did not, immediately contact the prospective employer and request a copy of the report. If any portion of the report is inaccurate or incomplete, you can dispute the findings by contacting the CRA that prepared the report and/or End User that requested the Consumer Report. Generally a CRA has thirty days to reinvestigate any dispute…
If you are ever asked a question by a candidate that you are not sure of, the NAPBS Frequently Asked Questions for Consumers is a great way to get quick industry answers to questions. For more questions on this topic, please contact our office at (888) 689.2000 or firstname.lastname@example.org.
We’ve previously reported violations of the FCRA and the resulting class action lawsuits that have now become a trend. Big name companies are finding themselves in class action suits that allege Fair Credit Reporting Act (FCRA) violations. One common theme of recent lawsuits alleging that companies have violated provisions of the FCRA by failing to provide a compliant disclosure and authorization process which mandates that a clear and conspicuous disclosure be made in a document consisting solely of that disclosure.
Recent suits have also alleged that companies are inserting a release of liability on the disclosure form which is another violation because the disclosure is then “muddied” with additional information beyond the sole intent of that form.
If your company has any type of authorization to conduct a background check on your application for employment, this is a violation of the law. It must be a standalone document that solely fulfills the disclosure to the individual. The FCRA seeks to ensure applicants understand by what they are granting permission for – to conduct a background check – and that they can understand their rights free from any other potentially confusing information. Employers have a requirement under the law to make certain disclosures as well as to obtain consent for the background check. The law is very clear as to requirements pertaining to the disclosure and authorization and recent lawsuits along this vein have certainly underscored that employers need to make sure they are in compliance. Those who don’t are increasingly at risk of joining the numerous other companies that have class action lawsuits and pricey settlements.
Companies that have recently been the target of class actions that allege violations under this law with pending suits include Disney, Whole Foods and Michael’s. There have also been a number of cases that have settled with amounts ranging from 3 million to nearly 7 million dollars. In addition to the settlement amounts, the cost of litigation is expensive and plaintiff’s bar are actively seeking violators.
Credential Check provides compliant disclosure and authorization forms and can assist companies in determining if their process and forms are compliant.
For more information on this or any other background screening topic, please contact our office at (888) 689.2000 or email@example.com.
It’s the most dreaded sound in the month of February – an alarm clock buzzing the Monday after the Super Bowl. Weighed down by Pizza, Wings, and your choice adult beverage, Americans across the country are forced to pry themselves from their beds and into the office.
An estimated 111.3 million people will watch the Super Bowl or the advertisements this Sunday, thus making it the most watched television program of all-time year after year. There is no doubt about it, a majority of these fans would benefit from a day of rest! Last year fans gathered together and created a petition, however they fell short of the 100,000 digital signatures required to gain a response.
So while you’re sitting in your cubicle or office wondering why you aren’t at home watching the “Price is Right” marathon or highlights from Richard Sherman’s latest blow up on National TV , remember the ones that didn’t make it into the office and think of the reasons they must have given. Below I have ranked the top 5 excuses used by employees for calling in sick the day after the Super Bowl:
- Stomach Bug – Whether it be one too many hot wings, or that spinach artichoke dip Bob brought to the party (wait a second, who’s Bob?) this is the most common excuse.
- Spouse/child is Ill – Blame it on your significant other or kids; it’s not your fault you can’t make it in when he or she can’t get out of the bathroom.
- Car Won’t Start - Might be because you can’t find your keys or operate it safely, regardless this is a pretty common one. Be careful with this one if you live near a co-worker, as the boss man might suggest so and so pick you up!
- Thought we had the day off? – This could work for an hour or so, till they notice your cubicle is empty. Wouldn’t suggest this unless you’re a quick thinker for when that phone rings!
- Someone Double Parked me- This is a decent excuse, however it screams I had a party last night and don’t know where my car is.
These excuses are comical and no doubt out of the millions of workers that will call off on Monday I’m sure a few will be used, but if I have to miss the Price is Right marathon or the comforts of my bed; so should you!
School House Rock was Awesome! Click the link below for the original Conjunction Junction video, this was a fun educational approach that just worked!
Background screening compliance requires the usage of Conjunctions every day and organizations must carefully consider the following “AND, OR and BUT” conditions:
When reviewing a criminal record to make a hiring decision, answer all of the following:
What is the nature and gravity of the offense?
How does the offense directly relate to the specific responsibilities of the position?
How much time has elapsed since the offense or completion of the sentence?
Take these into consideration in making your final determination as per the EEOC’s Revised Guidance on the Use of Criminal Records in Hiring Decisions.
If you decide not to hire someone:
Send a compliant Pre-Adverse Action notification to the individual who will be affected adversely. Let them know that you have discovered a finding that will potentially exclude them from hire for this specific position, so that they have an opportunity to dispute the accuracy of the information and have an opportunity to challenge the finding.
A copy of the report and Summary of Rights Under the Fair Credit Reporting Act.
Next, send Adverse Action notification if there is no dispute received after a reasonable timeframe of at least 5 business days that a final decision has been made not to hire.
When you get a finding from an instant database search that would rule out a candidate use extreme caution! Information empowers your organization to avoid potential risk to your customers, employees, vendors and your business…
- You must first make sure that the information you are using is up to date and accurate as required by law. Always verify the finding with the originating source of the information (often the County Court Record). An instant database search does not meet the “Maximum Possible Accuracy” standard as outlined in the Fair Credit Reporting Act and could put your company in hot water.
As you can see, it is not unusual to come across Conjunctions when trying to adhere to compliance in the screening of prospective and current employees AND it is critical to examine multiple facets of the law and whether they are strung together with “AND, OR and BUT” conditions.
To discuss School House Rock OR for more information pertaining to compliance or other aspects of background screening, please contact our offices at (888) 689.2000 or firstname.lastname@example.org.
The State of Nevada recently reported that there is a backlog in getting court disposition information added to existing Department of Public Safety arrest records – a backlog that won’t be cleared until 2018. There are over 900,000 old records that are being reviewed and matched with arrests.
It appears that moving forward, all 78 state courts will be reporting existing disposition information to the state, but, it is not clear how long it will take new dispositions to be entered. In fairness, this is not an unusual challenge for the states in their efforts to match arrest records with court dispositions since the arrest is an upstream event from the court process where the final determination in a case is made.
We often counsel our clients on the difference between the criminal state repository records and court searches. Some wrongly assume they will get a more comprehensive search when they request state repository records, when in fact, in most states, they are likely narrowing their search scope to just arrests and those may lack disposition information such as this situation in Nevada. In those cases, to determine the final outcome, a court search is necessary. State records were historically used to enable law enforcement to view an individual’s rap sheet to ascertain the level of risk approaching a vehicle or person might pose based on an individual’s prior arrests, which is a much different use of this information from employers seeking to perform a comprehensive background check on current and prospective employees. State criminal repositories are often the source used to do background checks for gun sales and other regulatory required employment background checks. The information obtained through the court includes case filings from both arrests and events did not result in a formal arrest. The court is also where the final disposition is determined, which makes it the most up to date and accurate version of the record.
The situation in Nevada is a perfect case in point that underscores the value of court searches and their critical importance to the background screening process. Other criminal sources seek to supplement information after the fact with the court’s final say in each matter.
For more information on the various criminal records that are available and their differences, please contact our office at email@example.com or (888) 689.2000.
Over the past year I’m sure like me, many of you have attended webinars or events all focused on Culture. What is it? How do you define it? How do you create it? Why do some have it and some don’t? All great questions and it’s the big reason why culture has been named word of the year for 2014 by Merriam-Webster.
Merriam-Webster defines culture as the “beliefs, customs, arts etc. of a particular society, group, place or time.” Peter Sokolowski, editor at large for Merriam-Webster explained it best during a recent interview with the Huffington Post when he referenced the book “How Google Works”, which includes a description of a software fix by a few engineers that made ads more relevant on the search engine:
“It wasn’t Google’s culture that turned those five engineers into problem-solving ninjas who changed the course of the company over the weekend; rather it was the culture that attracted the ninjas to the company in the first place.” I believe this is a great quote for many reasons, especially for HR professionals. As companies continue to grow, you need to realize that companies that are busting at the seams with great culture are attracting great talent.
Hopefully 2014 was a successful year for the organizations you represent and also personally. I feel that we can learn a lot from all the emphasis that has been placed on culture this past year and carry that into 2015.
For more on Culture or to further discuss how Credential Check can assist with your screening program, please contact our office at 888-689-2000, or reach us by email at firstname.lastname@example.org.
According to Gallup, Thanksgiving Day and Christmas Day are the two happiest days of the year for Americans. Since Christmas is upon us,
according to a Pew Research Center 2014 survey: http://pewrsr.ch/1zXWvfD
“What people look forward to most during Christmas” is:
- Spending time with family (75%)
- Eating holiday foods (60%)
- Hearing Christmas music in public places (45%)
- Exchanging gifts (45%)
- Decorating their homes (44%)
- Attending religious services (44%)
The 3 items least liked according to a Pew Research survey conducted last year (not included in this year’s survey) http://pewrsr.ch/1xbQ8n6:
- Commercialism/materialism (33%)
- Money/too expensive (22%)
- Shopping/crowds/crowded stores (10%)
86% of American’s purchase gifts, 1% mention shopping as what they look forward to most.
With this in mind, take a deep breath, enjoy the season, with whatever traditions you enjoy. All of us at Credential Check wish you a wonderful holiday season, whatever holiday you celebrate!
As we wind down the year, many companies take time to reflect on the year gone by and plan for the year ahead. It’s a fantastic time to review your company’s workforce screening program before we head into the New Year. In looking back at 2014 and considering the workforce screening landscape, we have seen a lot of activity and many recurring areas of non-compliance that resulted in lawsuits against employers.
Below are some of the Top Areas of Employer Non-Compliance that made our list for 2014. Employers should take particular care in reviewing their program and policies and also ensure that it has undergone a review by legal counsel.
Disclosure and Authorization Form
This document must be separate from the application in a document or format that consists solely of the disclosure that a background check will be conducted along with the reason. In addition to the federal requirements, there are several states that have their own specific mandates.
The FCRA outlines a two-step process which includes required disclosures must be sent (with the copy of the report) in advance of an adverse decision being made and a follow up disclosure post decision if no claim of inaccuracy is made to close the loop on the process. The Federal Trade Commission has opined that employers can outsource this process to their background screening partner.
Ban the Box
‘Ban the Box’ legislation continues to be a hot topic of conversation for employers due to the rapid fire adoption rate of varying flavors of this legislation across the country. Ban the Box refers to the box on the application that inquires into a person’s criminal history. It may say ‘Have you ever been arrested?’ or ‘Have you ever been convicted of a crime’. The underlying goal of ban the box legislation is to eliminate that question on the employment application. The concern for employers is the patchwork of differing requirements across the country which makes compliance a challenge.
Employers with practices that automatically exclude candidates from consideration just for having a criminal history are at odds with the EEOCs guidance and current civil right laws. For example, companies that proclaim “We don’t hire felons” could come under the radar of the EEOC. In light of the EEOC’s guidance and their enforcement agenda, it is more important than ever to have a policy that details the workforce screening program by position and specifically details what type of convictions are disqualifiers.
Consumer Credit Reports in Hiring Decisions
The use of credit reports in hiring decisions has heated up given the state of the economy in recent years. A number of states currently prohibit the use of credit reports in hiring decisions – with limited exceptions. There has also been additional state and federal bill activity on the topic, which if passed could greatly limit employer’s ability to use a credit report as part of their hiring decision.
Many companies have multiple company representatives overseeing the completion of the Form I-9 and not all may be doing it consistently. There are over 150 possible errors that can be made on this form and each is a finable action. Many companies underestimate the potential outcomes for non-compliance. To ensure consistency and that every field is completed, we’ve seen many companies moving to an electronic Form I-9 solution that has error checking built in and can provide notifications when an employee’s work eligibility is going to change.
Misuse of E-Verify
E-Verify is a post hire process and information submitted should be obtained from information provided on the Form I-9 by the employee. E-Verify is not to be used as a pre-screening tool to determine if an employee is eligible to work in the US or if their SSN matches the name they provided. There are alternative identification products that can legally be used pre-hire.
Protect yourself as we head into the New Year by giving your policy the review it deserves. At the rate we are seeing lawsuits being filed, the alternative is simply not a wise or inexpensive option.
If your organization has questions about employer responsibilities under the FCRA or to further discuss how Credential Check can assist with compliance requirements, please contact our office at 888-689-2000, or reach us by email at email@example.com.
November and December are typically boom or bust for retailers. When it comes to the holiday season, the urgency to hire new talent and get them trained before putting them in front of customers is at an all-time high. With the addition of seasonal workers, HR Managers in the retail setting often find themselves cutting corners within their hiring process to ensure the stores are prepared for the rush. Below we have provided a few items for retailers to consider leading up to the holiday crunch!
- Online Systems – If your organization is still using the paper/pen method for applications, you’re behind the curve and need to understand that in order to move your hiring process along in a timely manner, the best place to start is automating your application. This is also a great place for you to post your most up to date job descriptions for which the positions you are hiring. This should help eliminate some of the candidates that feel they are interested but don’t know the fully story behind the role being offered. There are several companies that provide these services at a very reasonable cost.
- Screening – Background screening is often viewed as a step that delays seasonal employees from starting, however that’s not always the case. Certain providers, such as CredentialCheck™ offer services focused on retail that can be completed within 24-48 hours.
- Training – Training isn’t just prices and descriptions of your products, it’s far more in-depth than that. Create a training guide (if you don’t have one already for permanent staff) that will allow the employee to have a good understanding of your business and how their role affects the operation. This is a great time to review your key corporate policies and offerings as seasonal employees are eligible for the same rights as nonseasonal employees.
- Handbook - All seasonal employees should be given a copy of your employee handbook and be required to sign a written acknowledgment confirming receipt of the handbook. Again, although their employment may be brief, they should still be aware of your expectations, particularly relating to discrimination and harassment. Again, requiring that all employees acknowledge receipt of the handbook at the initial point of hire ensures that these individuals will not fall through the cracks if they are converted to regular employees at the end of the holiday season.
During these busy months, it’s important to solidify your internal processes and make sure that each step is followed as in most cases, the ones you skip will be the ones that make you trip as an organization.
For more information on seasonal employees or other HR topics, contact Credential Check Corporation at 888-689-2000 or firstname.lastname@example.org