Category Archives: Human Resources

Did you know their is a federal rule for measures to dispose of sensitive information derived from consumer reports?

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07/28/2018 Post

FACTA Disposal Rule
This federal rule will require businesses and individuals to take appropriate measures to dispose of sensitive information derived from consumer reports. Any business or individual who uses a consumer report for a business purpose is subject to the requirements of the Disposal Rule, a part of the Fair and Accurate Credit Transactions Act of 2003 (FACTA), which calls for the proper disposal of information in consumer reports and records to protect against “unauthorized access to or use of the information.” READ MORE

Pre-Employment Inquiries and Arrest & Conviction

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There is no Federal law that clearly prohibits an employer from asking about arrest and conviction records. However, using such records as an absolute measure to prevent an individual from being hired could limit the employment opportunities of some protected groups and thus cannot be used in this way.

Since an arrest alone does not necessarily mean that an applicant has committed a crime the employer should not assume that the applicant committed the offense. Instead, the employer should allow him or her the opportunity to explain the circumstances of the arrest(s) and should make a reasonable effort to determine whether the explanation is reliable.

Even if the employer believes that the applicant did engage in the conduct for which he or she was arrested that information should prevent him or her from employment only to the extent that it is evident that the applicant cannot be trusted to perform the duties of the position when

  • considering the nature of the job,
  • the nature and seriousness of the offense,
  • and the length of time since it occurred.

This is also true for a conviction.

Several state laws limit the use of arrest and conviction records by prospective employers. These range from laws and rules prohibiting the employer from asking the applicant any questions about arrest records to those restricting the employer’s use of conviction data in making an employment decision.

In some states, while there is no restriction placed on the employer, there are protections provided to the applicant with regard to what information they are required to report.

The Fair Credit Reporting Act (FCRA) imposes a number of requirements on employers who wish to investigate applicants for employment through the use of consumer credit report or criminal records check. This law requires the employer to advise the applicant in writing that a background check will be conducted, obtain the applicant’s written authorization to obtain the records, and notify the applicant that a poor credit history or conviction will not automatically result in disqualification from employment.

Certain other disclosures are required upon the employee’s request and prior to taking any adverse action based on the reports obtained.

Vetting a potential new employee the best practice

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When vetting a potential new employee the best practice is to conduct a thorough and comprehensive employment background check this background check of course includes the obvious criminal check but it is important to also verify and confirm the employment and education that a candidate presents on his/her resume.

Unfortunately some candidates do embellish, falsify and sadly flat out lie on their resumes thinking that the employment and education will not be verified. This is not only true for domestic employment and education but also for International employment and education.

Many times candidates believe a potential employer will not check their international employment and education. They may give themselves a “promotion” on paper or may claim a higher degree in order to improve their chance of landed a desired job position. When you order an international verification from your Background Screen Company provide them with as much information as you can i.e. Employer Name, Contact Number, Job Title Provided and Dates of Employment. With an International education verification information should be provided such as the candidate’s name while attending the college/university, date of birth, the complete name of the University the candidate attended included the campus location, the degree awarded, major, dates of enrollment, date degree was conferred and a copy of the degree/transcript with a signed consent form as many International Universities require the signed consent of the past student and degree copy.

International employment verifications typically take 3-5 business days but international education verifications may take 5 business days up to 14 business days. For some regions it can be longer. For that reason it is important to arm your Background Check Company with as much information on the candidate and their history as possible at the time of the request. International schools do not keep records as well as schools in the United States and often have to go thru paper records hence for the longer turnaround time as well International schools close for extended periods of time thru Holidays and during the summer which can extend the turnaround time.

Although it may seem burdensome to have your Background Check Company complete international employment and education verification because of the longer turnaround time it is important you know who you are hiring and leaving out this aspect of the background check would be ill advised. A candidate may not have a criminal record but if he/she falsifies information on their resume it can raise red flags for your HR Department as to the character of the candidate. Doing your due diligence is important when hiring an employee and with the global market that due diligence now extends past the border of the United States.

Global Information Network, LLC / www.searchinfo.com

As a User You Know the Federal Employment law but What About State Employment Law?

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ARTICLE DATE: 10/03/2012

As an employer you are up to date with the Fair Credit Reporting Act (FCRA) employment law that is provided by the Federal Trade Commission (FTC).  But are you current with State Employment Law?  There are currently 28 States that have employment Laws that affect the User of Employment Background Checks.  Individual State Statutes and Codes should be discussed with your legal counsel to confirm you are compliant.  You can request a web link to the Fair Credit Reporting Act (FCRA) and individual State Statutes and Codes from your employment background screening company.

State Employment laws will cover reports such as criminal background checks, employment credit reports, employment and education verifications and more.  An Example of State Labor and Employment law is as follows.

Connecticut CT – Users – Use of Credit Report – The following are positions where a credit report is deemed substantially job related:–1) Any position with a state or federally charted financial institution; 2) A managerial position which involves the direction or control of a unit, division or agency of a business; 3) An employee will have access to personal or financial information of customers, employees or the employer if that information is beyond that presented in a typical retail transaction; 4) An employee has authority to issue payments, transfer money or enter into contracts on behalf of employer; 5) An employee has an expense account, company debit or credit card; 6) An employee has access to confidential/proprietary business information or trade secrets; 7) A credit report is required by law; 8) The employer reasonably believes that the employee has engaged in specific activity that constitutes a violation of law related to employee’s employment; 9) Catch all – the employer has a bona fide purpose for requesting or using information in the credit report that is substantially job related and is disclosed in writing to the employee or applicant.

Other examples of Labor and Employment law:

CT – Users – Use of sealed, expunged or erased records.

MA – Users – Maintenance of records.

NY – Users – Use of arrest record with no conviction.

One of the current Statutes and Code is the use of information found at a social network sites.  Maryland became the first state to pass a law banning employers from asking applicants for their social media password.

Making sure your employment hiring company policy is up to date with State and Federal laws, Statutes and Codes is a must with today’s HR department.  Call your legal counsel today!

DISCLAIMER:

Global Information Network, LLC, articles are provided for informational purposes only. They are not intended to be comprehensive, and are not a substitute for and should not be construed as legal advice. Global Information Network, LLC, does not warrant any statements in the articles. Any statutes or laws cited herein should be read in their entirety. You should direct to your own experienced legal counsel questions involving your organization’s compliance with or interpretation or application of laws or regulations and any additional legal requirements that may apply.

The Importance of Using a Federal Criminal Employment Background Check

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Criminal Background Check Ensures you Employ the service of only Trustworthy, Safe and Capable Employees
A basic criminal background check is a vital tool to utilize in working to make sure that you employ a competent and honest personnel. Regardless of the space on a job application requesting the applicant to state their criminal background, if any, it becomes an unfortunate reality many employees simply just fail to be truthful relating to criminal records. There are many reasons why conducting an employee criminal background check prior to making any hiring decisions is vital. For instance, utilizing a background check might prevent you from employing a potentially dangerous individual that could harm your financial interests as a result of record of criminal theft. In contrast, a employment background check will help ensure you do not hire anyone with a history of leading to real harm to others and therefore allow you to keep a protected operating atmosphere for all of your employees. Fundamentally using a background check helps ensure for you to hire only trustworthy, safe and qualified personnel.

Types of Criminal history checks
When performing a criminal background check you must make sure you conduct the right type criminal background check. Most companies simply conduct a simple criminal background check for the state they reside in. What these employers often don’t know is the fact this type of background check only checks for criminal offenses committed in that particular jurisdiction and fails to search for things like federal criminal charges. This is because of the fact the nation’s government is separated between the federal government and individual state governments. Each have their particular laws each have their own databases listing who committed what crime and when. Realizing this, it is vital you not only conduct a basic criminal background check, but also a federal criminal background check.

Federal Criminal Checks
A federal criminal background check is vital because often time’s federal criminal charges will be the most serious. For example, many drug charges are federal charges. With no information gathered from a federal criminal background check, you could easily employ individuals having a significant drug-related history. Hiring this type of person can lead to such future issues as under-productivity or increased drug use in the workplace. However, many of these potential issues might be prevented by making a federal criminal background check a component of your pre-employment screening repertoire.

Federal Criminal Checks from the Pros
Conducting a federal criminal background check working with a professional criminal background check company is the best and efficient manner where you can perform an federal criminal background check. Using the criminal background check company’s federal criminal background check service, you may be required to enter such information as the individual’s name, address, and social security number into the web-based search engine. The federal criminal background check will then search numerous federal criminal history related databases. Following a complete database search have been finish, the federal criminal background check will let the user determine if any federal criminal history is located. Possessing this information about a prospective employee permits the hiring organization to have a well-informed and less-subjective evaluation of the potential employ.

Global Information Network, LLC / www.searchinfo.com

International Background Checks for Employment Finding a Reliable Research Company

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International background checks are becoming more commonplace in the business world with international boundaries becoming blurred.  Many companies do not know where to begin the process to perform an international background check.  Searching the internet you will find many companies that will offer an international background check for a couple hundred dollars claiming they will return the results the same day.  The old saying if it sounds too good it probably is.  A real international background check will take anywhere from 5 to 15 business days.  When looking for a reliable company to perform your international background checks you will want to take a few things into consideration.

  1. How long has the company been in business?
  2. Where are they located?
  3. Do they provide a business address?
  4. Can you reach the company by phone?
  5. Is the company listed in the internet phone directories?
  6. Have there been any complaints with the BBB?

Once you have verified they are a real company you will want to ask about the sources they obtain their information from.  Never work with a company if they tell you they use a database there is no international database available to the general public that can be accessed to perform an international background check.  The majority of the background check information will come from local police and local courts some countries will have a national repository that will provide a national criminal check using a special release that is provided or approved by the repository.

Available countries and report pricing the company should be able to provide you with a coverage matrix providing the available countries, requirements, average turnaround time, the source information is obtained from and pricing.  If the company cannot provide you with this information this will be a red flag.

After establishing the company is legitimate most companies will have you sign a user agreement this typically does not lock you into any length of time the company will be collecting information to verify your company is who you say you are.  They will most likely want a copy of your business license or papers of incorporation.  Many companies will not provide reports to a home based business or individual.

The last important thing is how do you place your orders and retrieve the results.  Many companies will have online internet ordering.  If the company only works with faxing this can be a problem if you order several reports a week.  Before signing the company user agreement have them walk you through their web ordering site.  You will want to make sure it is a user friendly wizard style ordering platform that you can upload documents such as releases or any required diplomas when verifying education.  Also it will be good to have a status report to review the outstanding orders.

Conclusion: Make sure you are comfortable with the company; perform your due diligence.  Make sure the web ordering website suits your companies’ needs and the customer service is easily reached and responds to your questions and concerns in a timely manner.  Obtaining International background checks should be an easy process.

Global Information Network, LLC / www.searchinfo.com

Employment Background Checks and the EEOC

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Date: 09/19/2018

Topic: Employment Background Checks

The Equal Employment Opportunity Commission (the “Commission”) approved, by a 4-1 vote, a revised Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964 (the “Guidance”). This law has already gone into effect.

The revised guidance reflects the EEOC’s long-held position that employers’ reliance on arrest and conviction records may have a disparate impact on individuals because of their race or national origin. Before disqualifying an individual with a criminal record from employment, the Commission emphasizes, employers should engage in an individualized assessment involving a dialogue with that individual. While the Guidance states that employers would not violate Title VII if they disqualify an applicant based on separate federal restrictions on the employment of persons with criminal records, an employer may not defend a decision to disqualify an individual solely on state restrictions on the hiring of persons with criminal records.

The EEOC has stated that there are two ways in which an employer’s use of criminal history information may violate Title VII. First, Title VII prohibits employers from treating job applicants with the same criminal records differently because of their race, color, religion, sex, or national origin (“disparate treatment discrimination”).

Second, even where employers apply criminal record exclusions uniformly, the exclusions may still operate to disproportionately and unjustifiably exclude people of a particular race or national origin (“disparate impact discrimination”). If the employer does not show that such an exclusion is “job related and consistent with business necessity” for the position in question, the exclusion is unlawful under Title VII.

Companies should seek or check with their counsel to review their employment background screening policy. The Equal Employment Opportunity Commission (EEOC) has provided substantial information on their website outlining their stance on the use of Arrest and Conviction Records.

Some of the main points are “disparate treatment” a violation may occur when an employer treats criminal history information differently for different applicants or employees, based on their race or national origin.

Also, “job related and consistent with business necessity”.

Employers will consistently meet this standard, according to the EEOC, if:

The employer validates the criminal conduct exclusion for the job using the Uniform Guidelines on Employee Selection Procedures or

Two, the employer develops a targeted screen considering at least the nature of the crime, the time elapsed, and the nature of the job. This would allow an individualized assessment for those people identified by the screen, rather than a blanket policy, for example, not to hire.

Some Direct Web Links to the EEOC

www.eeoc.gov/eeoc/newsroom/release/4-25-12.cfm

www.eeoc.gov/laws/guidance/arrest_conviction.cfm

www.eeoc.gov/laws/guidance/qa_arrest_conviction.cfm

Global Information Network, LLC. / www.searchinfo.com

Domestic and International Background Check

Employment Background Checks and Social Media

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Article Date: 09/14/2017

Employment background checks and social media check yes or no.  In today’s social media world many companies are including a social media check as part of the employment background check.  Some sources are saying to stay away from this kind of background check as it can open the company up to lawsuits however other sources are saying if done correctly go ahead.

The first thing a company should is check their state employment laws to make sure there are no laws on the books to stop them from doing this type employment background check.  For example Maryland Code, Labor and Employment §3-712, effective October 1, 2012. Maryland became the first state to pass a law banning employers from asking applicants for their social media password.

The second State is Illinois, Public Act 097-0875 following is a portion of the act.

b)(1) It shall be unlawful for any employer to request or require any employee or prospective employee to provide any password or other related account information in order to gain access to the employee's or prospective employee's account or profile on a social networking website or to demand access in any manner to an employee's or prospective employee's account or profile on a social networking website.

The downside to using information from the Internet is you do not know if the information is true and correct.  Other issues are you can find out information you do not want such as race, gender and age; that information can be user against the company if they do not hire that individual.  It could be said that you did not hire me due to my age, disability or other factors

If your company decides to include Internet and social media information in your employment background checks the first thing that should be done is to discuss it with your legal counsel.  The people directly involved in the hiring process should not be involved in the research on the Internet.  The hiring decision makers should only review the redacted report that does not include such information that might be used against the company.

DISCLAIMER:

Global Information Network, LLC, articles are provided for informational purposes only. They are not intended to be comprehensive, and are not a substitute for and should not be construed as legal advice. Global Information Network, LLC, does not warrant any statements in the articles. Any statutes or laws cited herein should be read in their entirety. You should direct to your own experienced legal counsel questions involving your organization’s compliance with or interpretation or application of laws or regulations and any additional legal requirements that may apply.