The Ohio SHRM Annual Conference is a great event for HR Professionals to exchange information, ideas and experiences. The theme this year is “HR Marathon, Setting the Pace for the Future.”
CredentialCheck® is excited about exhibiting at the upcoming event at the Kalahari Resort in Sandusky, OH. This conference provides us with the unique opportunity to greet existing clients in person and to demonstrate our exceptional service and technology offerings to new clients.
If you are attending, we hope you will stop by booth #3 in between the great sessions that are scheduled.
Enter to win a Coach Handbag!
For more information on this event or any topic, please contact Credential Check Corporation at 888-689-2000 or firstname.lastname@example.org.
According to an article put out in August by SHRM, class action lawsuits against employers for violations of the Fair Credit Reporting Act (FCRA) are not just on the rise but are being considered an emerging trend. For a law that’s been in existence for decades, we have recently seen an unprecedented number of employers realizing the hard way that compliance with this law is not to be taken lightly. The SHRM article was drawn on a report by Littler Mendelson and provides a comprehensive summary of recent class actions against employers.
The FCRA seeks to protect consumers from the potential devastating impacts of misuse and inaccurate information and puts into place protocols for consumer reporting agencies (CRAs) as well as the users of consumer reports to follow. The FCRA imposes requirements upon consumer reporting agencies (“CRAs”), in many cases a background screening firm, that collects and compiles consumer information into consumer reports for use by credit grantors, insurance companies, employers, landlords, and other entities in making eligibility decisions affecting consumers. It also regulates the use of these reports by these organizations who obtain these reports and imposes other specific responsibilities they must carry out as well.
Most companies know that to provide a safe work environment for their employees and the public and to minimize negligent hiring risks, that performing a background check is a vital business element on several levels. For one, courts have ruled that employers have a general duty to conduct a background check and state and/or federal law may also dictate a specific check must be performed. It is imperative that the background check was conducted according to best practices, is compliant with the law and is properly validated for accuracy. The good intentions many employers have to perform a background check can go sideways quickly if the letter of the law is not followed.
From a broad perspective, employers have a number of responsibilities under the FCRA. There are requirements before a background check is even requested and if the information is used to make a decision that adversely affects a consumer, another set of processes and disclosures must ensue. We’ve talked a lot in the past about the maximum possible accuracy standard which the CRA must ensure but arguably, employers also have a duty to ensure the information they are buying from their screening firm meets this standard.
Noted in the Littler report is a breakdown of class actions filed this year to be no less than 27 with cases highly concentrated in California, Florida, Georgia and Missouri among others. Some of the settlements include:
- National pizza delivery chain – $2.5 million settlement
- National retailer – $3 million settlement
- Transportation company – $2.75 million settlement
- Transportation company (different) – $4.4 million settlement
- Transit provider – $5 million + settlement
The report notes that the most frequent claims against employers included issues with their disclosure form and failure to follow adverse action processes as mandated by the FCRA. These two items also topped our list of Top Areas of Employer Non-Compliance in their workforce screening programs.
There are many things employers can do to ensure compliance under the FCRA. Many rely on their background screening partner, in part, to assist in their compliance efforts. A background check is very important, but, just as important is having a consistent, repeatable process in place to ensure legal compliance and that appropriate care is taken to uphold the rights of consumers as required by law.
For more information on this or any of our topics, please contact Credential Check at (888) 689.2000 or email@example.com.
A class action lawsuit has been filed against the Washington Metropolitan Area Transit Authority (WMATA) alleging unfair background screening policies that disproportionately affected African American applicants. The plaintiffs claim that qualified job applicants were not hired due to a range of criminal convictions for which the transit authority did not consider timelines of the offenses or how the crimes related to the duties of the job. They criticize the WMATA’s policy for being overly broad, unjustifiably rigid and unduly harsh.
The EEOC issued revised guidance on the use of criminal records in the hiring decisions in April 2012. The impetus behind revising the guidance stemmed from concerns that employers were using criminal history information too broadly and in a manner that potentially discriminates against legally protected classes, in particular, race and national origin.
The revised guidance more firmly outlined the 3 factors of consideration that were predominant in the prior guidance:
- The nature and severity of the crime
- The time elapsed since conviction or release from incarceration
- The nature of the job
In this case, it is alleged that WMATA disqualified current employees based on criminal histories that were not related to their job and occurred a long time ago (in some cases, 20 to 30 years). The plaintiffs deem the information irrelevant to a fair assessment of employee honesty, reliability or safety.
The suit claims the WMATA’s policies included a zero tolerance stance for drug related convictions even if the candidate was drug-free with consistent employment for ten or twenty years. One plaintiff claims he was fired from his job due to a drug-related conviction even though he had successfully worked in the position for 5 years and, further, he asserts he disclosed the conviction during the application process. The plaintiffs seek to have class members restored to their rightful positions, for applicants to be given priority consideration for job vacancies in the positions for which they are qualified, back pay and benefits, compensatory damages, front pay and damages.
Employers with practices that automatically exclude candidates from consideration just for having a criminal history may be at odds with current civil right laws unless requirements are imposed by state or federal law. Further, “Ban the Box” initiatives are sprouting up around the country that make it unlawful to ask about a candidate’s criminal history on the employment application (I.e. Have you ever been arrested or convicted of a crime?). Additional requirements and steps may be required by municipal, county and/or state laws in the use of criminal records in hiring decisions.
If your organization has not recently revisited current practices involving use of criminal records in employment decisions, we urge you to do so. The numbers of lawsuits of this type continue to rise and come with significant costs to employers who come under scrutiny.
For questions regarding this post or the EEOC’s guidance, please contact our offices at (888) 689.2000 or firstname.lastname@example.org.
Yesterday New York Governor Andrew Cuomo signed a new law that requires more stringent background checks for volunteer firefighters.
When considering this new law, the governor’s office recognized that firefighters are people who often interact with the most vulnerable of people, including children. The new law seeks to make communities safer by ensuring volunteer organizations keep their fire-teams free of sexual offenders and predators.
This story is not the first of its kind in NY as previously fire departments established that if a candidate applied for a position that had committed arson that they were disqualified. The amount of time firefighters spend interacting with the public, whether it is house fires or career days at local schools, without proper screening, kids and the public are potentially at risk.
Volunteer programs frequently lack a proper screening program and often have gaps that can enable individuals with a criminal record to slip through the cracks. These organizations often have limited budgets for properly screening volunteers which can make these organizations’ survival all the more difficult. Solutions do exist for these volunteer organizations that are budget conscious and still achieve a comprehensive background check that is appropriate for the types of interactions the person will have with the public or vulnerable populations (children, elderly or those who are receiving care in a medical setting).
Another option for volunteer organizations is to institute a self-pay program. These programs carry a cost of typically between $15-$25 dollars that the volunteer themselves pay. This allows the organization to screen volunteers with a professional screening firm that can ensure compliance with state and federal laws by providing information that can legally be used in making a hiring decision. Though on the surface, it may seem like a viable option, we strongly caution against ‘do it yourself’ background checks for a number of reasons. A professional screening firm can lead companies through the maze of compliance requirements and ensure that the information being used is complete, up to date and the best source.
For more information on screening volunteers or employees, contact Credential Check Corporation at 888-689-200 or email@example.com
Credential Check continues to monitor Ban the Box legislation and its rapid proliferation in states, counties and municipalities across the United States. Ban the Box continues to be a problematic compliance issue for employers due to the scope and rapid fire adoption rate of this legislation and employers are scrambling to adjust their processes to comply with a range of differing requirements.
Ban the Box refers to prohibiting inquiries on an application for employment into prior arrests or criminal convictions (I.e. “Have you ever been convicted of a crime?” or “Have you ever been arrested?”). Municipalities and states that have adopted this legislation seek to remove barriers to employment for those individuals who have a criminal record. These types of laws seek to give individuals with a criminal history the best chance possible of attaining gainful employment and are intended to better allow an applicant to progress through the hiring process strictly on their merit prior to their criminal history being a consideration.
Summary of the IL Law
The Illinois Job Opportunities for Qualified Applicants Act goes into effect January 1, 2015 and will prohibit private employers with 15 or more employees from inquiring into or considering an applicant’s criminal history until certain milestones in the hiring process have been met.
The candidate must first be determined qualified for the job and selected for an interview. If there is no interview, the inquiry may not be made until after a conditional job offer is made.
These requirements do not apply if:
- The State of Illinois or federal law already disqualifies a candidate with certain criminal convictions from an applied-for position.
- When a standard fidelity or equivalent bond is required and an applicant’s conviction of one or more specific offenses would disqualify him or her from obtaining said bond.
- The position is one that requires licensing under the Emergency Medical Services Systems Act.
In these cases, the employer may notify applicants in writing of the specific disqualifying offenses.
Violations for Non-Compliance
The Illinois Department of Labor investigates alleged violations and may impose civil penalties.
- First violation – written warning with 30 days to remedy.
- Second violation or first violation fails to be remedied in 30 days – civil penalty of up to $500
- Third violation, subsequent and prior not remedied violations – $1500 for every 30 days that passes.
Ban the Box legislation’s wildfire adoption in states, counties and municipalities across the country underscores the importance for employers to stay abreast of these changes and effective dates to ensure they adjust their hiring processes to remain compliant. This coupled with the EEOC’s Revised Guidance on the Use of Criminal Records, which supports the spirit of Ban the Box, states that employers must first consider the gravity or severity of the crime, the time since the crime occurred and how it relates to the job being sought equates to more than a simple policy change.
If employers are routinely inquiring into their applicant’s criminal histories on the employment application, this practice is sure to put the company at risk.
For more information about this or other states, counties and municipalities who have adopted similar legislation, please contact our office at (888) 689.2000 or firstname.lastname@example.org.
Optimizing Talent Management Technology
Recently, I spent 7 years successfully building a leading talent management solution company and have seen the technology utilized in many different ways. Below are some observations on optimizing these solutions:
- Eliminate paper and do not print anything unless you are required to by law. Keep the system electronic. We worked with a healthcare company that printed every application they received and filed them and also insisted that every applicant be at least phone screened. While this is an extreme example, be aware of allowing the system to do what you are paying it to do.
- You have the perfect opportunity to turn your talent management solution into your control center. Take full advantage of the automation available to you and have your solution integrate with your other vendors:
- Behavioral assessment
- Background screening (we are currently integrated with 20+ solutions)
- Employee tax credit
- HRIS, etc.
There are many more items that we could discuss. If you would like to reach out and discuss Talent Management or Background Screening please call me at (888) 689-2000 extension 5205 or email me at email@example.com.
By now I’m sure most of you have all seen the “French Model” commercial from State Farm which demonstrates a perfect example that just because something is on the internet it does not mean that it is true. More importantly how do you verify something from a foreign country?
Companies throughout the United States are continuously looking for new talent. This can be in the form of experience, education or travel for most candidates looking to differentiate themselves. Because of this, employers are being faced with the new challenge of validating information not on U. S. Soil but thousands of miles away. This can be a daunting task when your “French model” candidate explains that they have a degree from such and such university, which 90% of the time you have never heard of but it sounds legitimate.
Screening firms such as CredentialCheck® provide international offerings which can take the guess work out of the screening process when your candidate has lived, worked or attended school in a foreign country.
For all things screening, domestic or international contact Credential Check Corporation at 888-689-2000 or firstname.lastname@example.org
This group of background screening companies has grown to several hundred but the reality is that there are literally thousands of companies that offer background screening in the U.S. Why is it important to select a background screening partner that is a member of the Concerned CRAs? Member companies certify that they don’t expose you to certain risky processes that many CRAs feel are unethical. Two key positions of the Concerned CRA’s are:
Offshoring of Consumer Information: Some employment background screening firms send individuals’ sensitive personal information (i.e. social security numbers and financial account information) off-shore to be processed. We believe that sending such information off-shore places both applicants and employers at risk and should be avoided whenever possible. Alternatively, when personal information is sent to other countries, applicants and employers should be made aware of this practice in advance.
Responsible Use of Criminal Records Database: In addition, some employment background screening firms sell “national criminal records databases” to employers without appropriate safeguards to ensure that the information they are delivering is accurate and up-to-date. We believe that criminal records databases are valuable sources of information if they are used in a responsible manner. We are concerned that these practices do not appropriately protect employment applicants from avoidable harm. Likewise, employers are placed at increased risk of litigation and public relations problems when their employment background screening partners employ these practices.
For more detail on these positions see the Concerned CRAs website: